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(영문) 서울서부지방법원 2015.01.14 2014고단2778
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On June 1, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) entered a Moelel with the victim D (n, 52 years of age) with his/her own cell phone function against the victim’s will to take photographs of the body of the victim who takes a shower from his/her bath room in the south-gu Incheon Metropolitan City, with his/her neighboring trade name.

2. Around July 26, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent a photograph that causes sexual humiliation to the victim by transmitting a DNA photo taken by using the Defendant’s mobile phone text messages before the Defendant’s residence in Yongsan-gu Seoul, Yongsan-gu, Seoul, using the Defendant’s mobile phone text messages on and around 00:46 on July 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Application of each statute on photographs;

1. Article 13 and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of obscenity using a communications medium, the selection of fines), and Article 14 of the Act on Special Cases concerning Punishment, etc. of Sexual Crimes;

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

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 on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant 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 defendant is obligated to submit personal information to a related agency under

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, result and seriousness of the crime.

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