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(영문) 부산지방법원 2018.2.7선고 2017고단5603 판결

성폭력범죄의처벌등에관한특례법위반(카메라등이

Cases

2017 Highest 5603 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Defendant

A person shall be appointed.

Prosecutor

Jink ( Prosecution) and Microfinance (Public Trial)

Defense Counsel

A person shall be appointed.

Imposition of Judgment

February 7, 2018

Text

Defendant shall be punished by a fine of KRW 3,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Seized evidence subparagraph 1 shall be forfeited from the accused.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

In contrast to the facts of the crime, the following day is 21: 17 of the same day, and the victim’s photograph taken as above is equal to the victim’s photograph taken as above by accessing the Banble-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-fle-g

Summary of Evidence

1. Each police protocol of statement, list of seizure, investigation report and photograph;

Application of Statutes

1. Article applicable to criminal facts;

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

1. Selection of punishment;

Selection of a fine (the defendant is the first offender and is against the depth of the crime)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to take photographs of the victim without permission, while posting them on a Bande room room, the liability for the crime is not against the defendant's punishment, and the victim is also against the defendant's depth. The degree of exposure to the above pictures is not severe. The defendant's age, character and conduct, circumstances leading to the crime, means and methods of the crime, results, etc., and the conditions of the sentencing are determined as per the order in consideration of the fact that the defendant's personal information is subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Whether an order to disclose or notify personal information is issued.

In full view of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of crime, seriousness of consequence and crime, anticipated side effects and expected side effects of the Defendant’s entrance due to an order of disclosure or notification, prevention and effect of sexual assault crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, no order of disclosure or notification shall be issued to the Defendant.

Judges

Judges Mak-hee