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(영문) 대전지방법원 2014.01.29 2013고단4317
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 5, 2013, from around 11:35 to 11:47, the Defendant discovered that, within the reading center of the second floor of C Dong-dong, the victim E (n, 20 years of age) suffered a short horse and reported books to the victim, and used the Defendant’s smartphone (LG G2) photographing function of the victim’s smartphone (LG2), the Defendant continued to take twice back the victim, using the victim’s smartphone shooting, and taken four parts, etc. of the victim’s dental buckbucks.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera recording function of smartphones against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

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 against Order to attend lectures;

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

1. Where a conviction against a defendant is finalized on the facts constituting a sex crime subject to registration, including places and parts of taking the reason for sentencing under Article 334(1) of the Criminal Procedure Act, motive for committing a crime, and initial offenders, 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 thus, the defendant is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43 of

Whether the registered information is disclosed or notified, the age, occupation, criminal record, motive and background of the crime, the degree of disadvantage and anticipated side effects of the defendant incurred due to the disclosure order or notification order, and it can be achieved.

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