beta
(영문) 부산지방법원 2017.06.28 2017고단2002

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

Punishment of the crime

On January 3, 2017, at around 02:0, the Defendant: (a) placed his mobile phone on the computer table where the cell phone was located within the Busan B, and (b) took a video recording of about 20 minutes on the face of the Defendant and the victim having sexual intercourse with the Defendant using a video function, without speaking the victim D (W, 49 years of age).

Accordingly, the defendant taken the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Complaint;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 5 through 7);

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

1. Selection of an alternative fine for punishment;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.