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Reasons
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(영문) 대구지방법원 2019.09.24 2019고단3538
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On May 22, 2019, the Defendant, at around 17:00 on May 22, 2019, taken four following the Defendant’s name unexploited victim (n) on the part of the Defendant’s game, by gathering his/her smartphones under the table, and putting him/her up his/her smartphones under the table of the Defendant’s game.

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

2. On May 31, 2019, around 21:00 on May 31, 2019, the Defendant taken up the above “CPC bank” toilets, under which his smartphones were collected, and opened up his smartphones in the side side screen, and opened up the bridge part of the victim D (n, 24 years old) on two occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Written statement (victims), and written statement by the police about D;

1. Application of Acts and subordinate statutes to report on investigation (verification of damaged photographs of victims and confirmation of additional crimes of suspects);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted under Article 48(1) of the Criminal Act, the Defendant is subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to

disclosure order; or

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