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(영문) 대구지방법원 김천지원 2014.04.18 2013고합89
특정범죄가중처벌등에관한법률위반(보복범죄등)등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 26, 2012, around 19:00, the Defendant tried to take the flag of the victim E (the age of 20) who was seated with the windows of the above D, which were short of the table table, using the Defendant’s test color camera’s camera function, and to take the above mobile phone in the direction of the body of the victim. However, the Defendant did not go through the wind that the victim was aware of and driving away from the body.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using devices similar to the camera, and attempted to take the victim's body against his will.

Summary of Evidence

1. Statement of E in the third protocol of the trial;

2. Statements G in the fifth trial records;

1. Application of Acts and subordinate statutes to police investigation reports (referring to investigation reports at H University, attachment of a statement of telephone conversations at H University, confirmation of details of accession to A mobile phone, etc.), and other relevant matters;

1. Article 14 of the relevant Act on Criminal Crimes and Articles 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [it is deemed that there are special circumstances in which the disclosure or notification of the personal information of the accused, as examined below, shall not be disclosed or notified as follows], the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases

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