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(영문) 대전지방법원 천안지원 2017.09.08 2017고단1144
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On April 1, 2017, the Defendant, at the main toilet of “B” located in the Nam-gu, Chungcheongnam-gu, Seocheon-si, the Defendant, from around 00:02, took a screen image of the Defendant’s cell phone in which the victim C (n, 18 years of age) was able to find a human dog with his/her body, and the Defendant’s cell phone with his/her body, which was located in Kameras, was stored in his/her hand, and the victim was able to see the change of the body. On the other hand, the Defendant continuously taken a screen image of the body where the victim was able to see the change of body.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the camera or other similar devices.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s self-written statement;

1. Police seizure records;

1. Each photograph;

1. Application of digital siren-related Acts and subordinate statutes;

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. In a case where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information in light of the form of the crime committed on the grounds of sentencing as prescribed by Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, such as the fact that the case is not easy, the first offender, the time of committing a crime, the fact that the victim consented to and agreed with the victim, etc., the case constitutes 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 person is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order.

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