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(영문) 부산지방법원 2018.02.07 2017고단5603

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 October 9, 2017, the Defendant, within the 'D' restaurant located in Busan District, Busan District, Busan District, on October 21, 2017, taken pictures of the part of the victim E (the age 19) who was seated in the front gate by using the Defendant's smartphone function, and then taken pictures of the parts of the victim E (the age 19) who was seated in the front gate against the Defendant's will. On the same day, around 21:17, approximately 130 persons, including the Defendant, including the Defendant, were exposed to the gate page page page of the victim's photograph taken as above, and then distributed and provided them along with a message, etc. of the content that the victim would be seen as “F’s photo.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Protocols of seizure, list of seizure, investigation report, application of Acts and subordinate statutes to photographs;

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

1. Selection of a selective fine for punishment (the defendant is the first offender and reflects the depth of 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 48 (1) 1 of the Criminal Act to be confiscated;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include photographing the victim’s photograph without permission. On the other hand, posting it on a Bande room room is not less than a punishment for the crime, and the victim is also punished for the defendant, and it is against the offender’s depth, and the degree of exposure to the above photograph is not much serious. The defendant’s age, sex, environment, circumstances leading to the crime, means and method of the crime, result, etc. shall be determined as ordered in consideration of the conditions for sentencing such as the defendant’s age, sex, environment, method and method of the crime, circumstances after the crime.

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.