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(영문) 대전지방법원 논산지원 2017.11.24 2017고단575

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 September 24, 2016, at around 23:00, the Defendant taken pictures of the victim’s body pictures against the victim’s will with his cell phone between the Defendant and the victim F (n, 18 years of age) in the E trade secret guest room located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do. D.

Accordingly, the defendant taken the body of the victim who may cause sexual humiliation or shame of sense of shame against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Analysis of evidence of the victim's mobile phone;

1. Application of Acts and subordinate statutes to photograph text messages and bale images by capturing them;

1. Article 14(1) of the Punishment of Sexual Crimes Act and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) concerning the crime and the selection of fines

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

1. Article 16 (2) of the Punishment of Sexual Violence Act to order to complete a program;

1. Where a conviction against the Defendant is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Punishment of Sexual Violence Act, and the Defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the Punishment of Sexual Violence Act.

In light of the Defendant’s age, occupation, criminal record, and risk of recidivism (no history of a sex offense), the content and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order of notification of disclosure, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victims, etc., the provision of Article 47(1) and Article 49(1) of the Punishment of Sexual Violence Act, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be construed as “special circumstances in which the disclosure of personal information is prohibited.”