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(영문) 대전지방법원 천안지원 2015.01.23 2014고단1546
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

Criminal facts

The defendant is a driving instructor, and the victim B (the family name, the female, the age of 42) and the driver came to know during the driving course.

On May 2014, the Defendant taken the victim’s sexual organ against the victim’s will by using a cell phone camera owned by the Defendant, which was in his possession of the victim, after drinking alcohol together with the victim’s house located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Yan-si, and then was able to have the victim’s sexual organ taken by using the cell phone camera owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

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

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

1. Where the photograph taken by the defendant for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is that it may cause serious sexual humiliation of the victim: Provided, That it appears that the photograph is not distributed to the public; the defendant does not have any criminal records of the same kind or suspended sentence; and the defendant is remarkably divided after committing the crime, the sentence identical to the order shall be determined in consideration of all the factors of sentencing specified in the oral proceedings;

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, the accused 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

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the sexual crime subject to registration which can be achieved due to such order.

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