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(영문) 대전지방법원 2021.01.29 2020고단4726
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No body of a person who may cause a sexual humiliation or sense of shame by using devices, such as a camera, shall be taken against his/her will.

Nevertheless, around 15:50 on July 18, 2020, the Defendant tried to photograph the body part of the victim C (a son, son, 47 years old) who sees the Defendant’s cell phone camera from the side section of the victim’s cell room located in the Seo-gu Daejeon apartment building B, Seo-gu Seoul Special Metropolitan City, to view the Defendant’s cell phone camera as melting the Defendant’s cell phone camera, but did not take the body part of the victim’s cell. However, the Defendant failed to take the body part of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to C (tentative name);

1. Application of CCTV-related Acts and subordinate statutes to arrest the occurrence of the incident;

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant committed an attempted attempt to take the victim who is deemed to be melting in the toilet at the time of the crime, and the nature of the crime is bad and the damage is not recovered: Provided, That the defendant's primary crime is recognized and against the defendant's mistake, and the defendant's age, sex, environment, motive, means and procedure of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of all the circumstances such as the defendant's age, sex, environment, motive and procedure of the crime, etc.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and obligation to submit personal information.

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