beta
(영문) 제주지방법원 2017.09.21 2017고단1059

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On 2015, the Defendant taken the image of the victim E (Inn, 19 years of age) at the D studio tele in Gangnam-gu Seoul, Seoul, without obtaining permission from the victim, who was under the influence of alcohol, and without obtaining permission from the victim, the Defendant taken the image of the victim with the Defendant’s cell phone with the inner function.

On November 2, 2016, the Defendant posted two copies of the victim’s b body photographs taken with the Defendant F in a place where it is difficult to know the Defendant’s location below Jeju-si.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will, and displayed the photograph openly.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Relevant photographs;

1. Application of the statutes governing the receipt of complaints;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

According to Article 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall provide personal information in full consideration of the defendant's age, occupation, family environment, social relationship, criminal record, risk of recidivism, details of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, and disadvantage the defendant's suffering.