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(영문) 대전지방법원 2017.08.09 2016고단3744
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A fine of KRW 1,00,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 1,00,000 for the crime No. 2 in the judgment.

Reasons

Punishment of the crime

[Criminal record] On April 3, 2015, the Defendant was sentenced to the suspension of the execution of official duties for six months as a result of interference with the execution of official duties in the Daejeon District Court’s Support, and the judgment became final and conclusive on April 11, 2015.

On November 23, 2016, the Defendant was sentenced to six months of imprisonment for confinement, etc. at the Daejeon District Court, and the judgment was finalized on January 20, 2017.

[Criminal facts] The Defendant, from the end of September 2013 to October 2014, was dead with the victim C (here, 85 life).

1. The Defendant appears to have violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) around October 2014.

At the home of the defendant of Chungcheongnam-nam-dong D, he taken the body that could cause a sense of sexual shame of the victim by taking a panty by using the dynamic image function of mobile phones, and taken the body against the will of the victim.

2. On February 18, 2016, the Defendant destroyed property: (a) around 02:00, the E Apartment-gun 201-dong 7-8 Dra, Chungcheongnam-gun, Chungcheongnam-nam, for the reason that the victim does not have another male, and (b) the victim parked on the ground that the victim does not have the other male, thereby impairing its utility by giving the fYF small light of the market value equivalent to KRW 240,00,000 that the victim parked, and then turning two knife to the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Photographss by capturing a text message and capturing a dynamic image;

1. Receipts and photographs of damaged parts;

1. Previous convictions in the judgment: The results of inquiries, each of the judgment (the second sentence 539, the second sentence 2014, the second sentence 539, the Daejeon District Court 2016, the second sentence 1068, the second sentence 2016, the second sentence 2325, the Supreme Court 2016Do2035, the second sentence 2016Do2035, the second

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (hereinafter referred to as "aggravated Punishment"), and Article 366 of the Criminal Act;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.

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