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(영문) 대구지방법원 2014.02.13 2013고단6720
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From around June 2010 to June 2013, the Defendant 2010: (a) was a person who taught with the victim B (the age of 19) for about three years; and (b) had the victim satisfy with other male-child districts, and had the victim satfe with respect to his sexual intercourses with the victim on the ground that he had no other male-child districts, and had the victim satfe with respect to his sexual intercourses with the victim, etc.

On October 11, 2013, at around 12:27, the Defendant provided the above photographs that could cause a sense of sexual shame against the victim’s will by transmitting the victim’s sexually related images, etc. to the victim’s male-friendly E-mail cell phone (F) installed inside the Defendant’s mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. 카톡캡쳐사진

1. Reports on internal investigation (Attachment of evidentiary materials for suspect intimidation);

1. 메일 및 카톡캡쳐사진, 카톡 전송 사진 법령의 적용

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 conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, disclosure order or notification order shall be disadvantageous to the defendant's entrance due to the defendant's age, occupation, risk of recidivism.

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