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(영문) 대구지방법원 2014.11.20 2014고단4697

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

When the Defendant came to know that the victim C (the age of 25) who was hedgingd with the Defendant came to know that she had his/her back and her back, he/she had the victim her back to his/her back to the Defendant’s back to the Defendant’s face.

On July 23, 2014, around 00:30 on July 23, 2014, at the residence of the defendant, the defendant was exposed to the defendant's screen pictures, which taken the body of the victim at the time of preparation with the victim in the past, and screen pictures taken by the victim and the defendant in a sexual relationship with the victim.

Accordingly, the Defendant displayed and screened video images taken by the victim’s body, which might cause sexual humiliation or shame, openly against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on internal investigation report (limited to the attachment of photographs by cutting off a dynamic image of a sexual act which has come up with a route);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the prevention effect of sexual crimes subject to registration which can be achieved due to such order.