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(영문) 대구지방법원 2018.02.08 2017고단6853
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 15, 2017, at around 01:00, the Defendant taken the body of the victim E (Y, 33 years of age) who used a mobile phone with balmera function, and reported balines, using a mobile phone with the balmera function, while one side of female toilets located in D Campping C located in Glibera, Glurido.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Ethical letters;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A report on internal investigation (including photographs, etc. of damaged scene) - Photographs;

1. Application of the Acts and subordinate statutes to a photograph by reporting on results of digital evidence analysis, investigation report (when a person to whom he/she is exposed wears a camera image) - capturing a camera;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on a crime in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the holding that a sex crime subject to registration is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the head of a competent police office pursuant to Article

The defendant's age, occupation, risk of recidivism, type of sexual assault crime, motive, process of crime, disclosure order or notification order of the disclosure order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the registration that can be achieved due to such order.

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