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(영문) 수원지방법원 안양지원 2018.11.14 2018고단1177

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who uses B'AdiC'.

On December 20, 2017, the Defendant posted two images of the Defendant’s sexual intercourse between the victim E (21 years old, South) and the same sex relationship between the parties in his/her B account (F) in the 100:13 Annyang-si, Annyang-si, Annyang-si, 103:2401.

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 for E;

1. Complaint;

1. Photographss by capturing the images posted B (F);

1. Video CDs posted under B (F);

1. Application of Acts and subordinate statutes to investigation report (verification of details, etc. of disposition of a similar lawsuit which is the complainants);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime for sentencing of the order for provisional payment is that the victim suffers heavy mental suffering due to the instant crime, the recognition and reflect of the Defendant’s crime, the primary offender, and other conditions of sentencing as set forth in Article 51 of the Criminal Act, including the Defendant’s age, sexual behavior, and environment, shall be determined as ordered by the order.

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 age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and it can be achieved due to the age, occupation, risk of recidivism.