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(영문) 인천지방법원 2018.01.11 2017고단8019

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 December 23, 2016, at around 22:00, the Defendant posted on the Internet site “F” a screen picture with a site of demonstration, which was sent by the Defendant through C at the entrance of the first floor of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the Defendant displayed video images openly taken by the body of the victim who could cause sexual humiliation or shame against the victim’s 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 for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning 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. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case on the ground that the defendant puts up a notice on the F site easily accessible to the general public without the victim's consent. The crime of this case on the ground that the victim's image taken pictures of the victim's body is not less easily accessible to the general public without the victim's consent, and as a result, the victim, who is 20 women, was unable to be taken out from the victim even though he suffered considerable mental impulse and sexual humiliation, etc., it is necessary to punish the victim with severe punishment corresponding thereto. However, the defendant reflects his mistake in depth. However, it is decided as above in consideration of all the sentencing elements of this case such as the defendant's age, sex, environment, motive, means, result, etc. of the crime, and the circumstances after the crime.

The judgment of conviction on the criminal facts in the judgment that is a sex offense subject to the registration and submission of personal information.