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(영문) 창원지방법원 통영지원 2018.02.23 2017고단1751

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendants shall be punished by a fine of 3.5 million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. On November 29, 2016, the Defendant: (a) viewed that the Defendant was discharged from a toilet in the mutual influorial telecom room located in Pyeongtaek-dong at the time of 22:30 on November 29, 2016; (b) viewed that the Defendant was discharged from a toilet in the victim C (n, 26 years of age); and (c) taken a video image of the victim’s telegraph using a camera installed in his/her cell phone in his/her cell phone that

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using mechanical devices against his will.

2. On August 2017, the Defendant: (a) at the Defendant’s home located in Dong Young-si, 22:00, at the Defendant’s home located in D 301; (b) discovered the above victim’s video from his husband’s mobile phone; (c) taken pictures of the above victim’s video using his/her mobile phone; and (d) displayed the victim’s photo to “F” of the E group where 33,000 members are admitted.

Accordingly, the Defendant displayed a photograph taken by using a mechanical device to the public in order to cause sexual humiliation or shame to another person’s body.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Defendants’ Selection of Punishment: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: in the event that a conviction is finalized on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendants are subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and are obligated to submit personal information to relevant agencies pursuant to Article 43 of the same

The age, occupation, risk of recidivism, details and motive of the crime, the method and consequence of the crime of the Defendants exempted from the disclosure order and notification order.