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(영문) 서울남부지방법원 2018.08.13 2018고단1883

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

The defendant is a person who uses 'C' in Internet social community B.

On December 23, 2017, the Defendant, at the home of the Defendant of Guro-gu Seoul, Guro-gu, Seoul, and E, posted the victim F (21 tax, South) that was connected to the Internet social community B and posted on another person’s B account, by means of tweeting to the B account (B/C) of images taken by the same sex relationship as the actual party.

Accordingly, the Defendant displayed a sexually related video recorded by the injured party openly against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to photograph the images posted in B (B/C).

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

1. The grounds for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse for the purpose of sentencing are as follows: (a) the victim suffers from extreme mental suffering due to the instant crime; (b) the Defendant is primary offender and reflective; and (c) the Defendant’s age, sexual conduct, environment, etc., shall be determined by taking into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 obligated to submit personal information to the head of the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of disclosure order is disadvantageous to the defendant.