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(영문) 대전지방법원 2018.01.30 2017고단3886
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 August 23, 2017, at around 17:40, the Defendant taken the body part of the victim D (V, 23 years old) to view a meltion in the side partitions using a mobile phone camera, in the first common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a mobile phone camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of seizure records;

1. Images of a CCTV image-fashion photograph;

1. Application of the video Acts and subordinate statutes to the visual images of the screen pictures taken on the face of this case;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the method of photographing, frequency, and part of the sentencing, the agreement of the victim, the age of the defendant, and the initial crime. In cases where the registration of personal information and the conviction of the defendant to be submitted are finalized, 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 is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is ordered to disclose to the defendant.

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