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(영문) 의정부지방법원 2013.12.09 2013고단3512

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 2013, the Defendant, in a Macheon-si, B, Mancheon-si, Mancheon-si, Mancheon-si, Mancheon-do, Mancheon-do with the victim D (n, 44 years old) who was in an internal relationship for about three years, and the victim took 2 or three times the body of the victim using a cell phone camera shooting function against the victim's will during the period when the victim was divingd with the body under the influence of alcohol.

As a result, the defendant taken the body that could cause a sense of sexual humiliation of the victim by using the cell phone camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Kakakao Stockholm photographs and the Acts and subordinate statutes governing victim bareboat photographs;

1. Article 13(1) of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of fines on criminal facts;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant has no record of sex offense; (b) the time of committing the crime; (c) the victim has not been punished against the Defendant; and (d) the means and result of the instant crime; (c) the method and result of the instant crime; (d) the circumstances after committing the crime; (e) the Defendant’s age, character

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 relevant agency as prescribed in Article 43

The defendant's age, occupation, risk of recidivism, exempted from disclosure or notification order;