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(영문) 울산지방법원 2014.12.11 2014고단2776

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 6, 2014, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Ulsan District Court, and the said judgment became final and conclusive around that time.

On June 28, 2014, at around 00:01, the Defendant discovered the victim E (n.e., 21 years of age) from the “DP” located in Ulsan-gun, Ulsan-gun, with the intent to capture the victim’s body after learning the victim’s body, and entered the bottom of the seat of the victim’s seat, and taken the body of another person, which may cause sexual humiliation or shame, by photographing the body parts of the victim’s body using his cell phone camera function, which may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning body parts of the victim taken by the suspect;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Although the victim’s reason for sentencing under Article 334(1) of the Criminal Procedure Act was not recovered, a considerable amount of fine shall be selected in consideration of the fact that the defendant has no record of the same kind of crime, the defendant reflects the mistake, and the equity in the case of a judgment at the same time as the crime of fraud entered in the judgment already established.

Since the risk of recidivism is dangerous, the order to complete the sexual assault treatment program is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose or notify to the public: Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 exceeded, in extenuat