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(영문) 대전지방법원 논산지원 2018.05.15 2018고단9

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2017, when the Defendant was in charge of facility management at D University, he was aware of the victim E (V)’s assistance in submitting a resume for the work of cleaning services at D University, and maintained internal relations after the victim’s employment.

1. On August 10, 2017, the Defendant took visual images of the Defendant’s cell phone with a cell phone at Gelel located in F at the 19:00 on August 10, 2017, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Fel”) against the victim’s will.

Accordingly, the defendant taken a sexually related dynamic image against the victim's will using a mobile phone camera.

2. On November 4, 2017, the Defendant sent pictures of the victim’s body body to the victim using the Defendant’s cell phone for the purpose of inducing or satisfactioning his/her sexual desire at an influorous place (obscenity using a communication medium) around 06:34, thereby causing sexual humiliation or aversion to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes, such as sexually related video images;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to taking photographs, such as a camera), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.