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(영문) 청주지방법원 2018.11.29 2018고단1782

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 17, 2018, the Defendant, at around 05:00, around 05:00, had a so-called Hunting to the injured party D (24 taxes)'s sexual intercourse with the injured party in the vicinity of the Heak-gu, So-called So-called B. The Defendant had a sexual intercourse with the injured party in 301.

At around 08:28 on the same day, the Defendant taken the telegraph of the victim who was divingd with the lower body in the lower body from 301 to the cell phone camera of the victim.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the investigation report (the victim's low-half body photograph stored in the victim's cell phone);

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information may not be disclosed or notified. In full view of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism).