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(영문) 서울중앙지방법원 2018.04.25 2018고단1115

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 18, 2014, around 22:00 on June 18, 2014, the Defendant taken the body body of the victim, who might cause sexual traffic to a mobile phone, by photographing the body of the victim, who was a female female, who was sexual traffic in the Eel located in Gwanak-gu Seoul Special Metropolitan City, into a mobile phone, and taken the victim’s body against his/her will.

2. On June 19, 2014, around 00:4, the Defendant, at the Defendant’s house of Gwanak-gu in Seoul Special Metropolitan City, 107 Dong 1204, access to the “G” site of adult obscene material with smartphones, distributed a photograph that may cause sexual humiliation or humiliation against the victim’s will, by placing the victim’s boom photograph on the “free bulletin board” as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic investigation report (a document posted by the person under consideration on the obscenity website and a photograph attached thereto);

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

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 attend a lecture;

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes 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 obliged to submit personal information to the head of the competent police agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and so forth.