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(영문) 수원지방법원 2017.06.15 2017고단2199
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a former male-parent body of the victim who was fested around November 2016, when the defendant she associates with the victim C (V, 29 years of age).

On February 24, 2017, when the Defendant was in custody of the photograph taken by the victim’s upper half of body, the Defendant sent the photograph taken by the victim against the victim’s will to D through “E” for the purpose of hedging with D.

In this respect, the defendant did not go against the victim's will at the time of photographing, but later provided another person with photographing materials against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph (E-mermerfa course) (fafafaf;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

1. Article 14 (2) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment (excluding punishment);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the case is that the defendant has a photographic image of the victim's upper half of body, and the victim has left a new male-child body, and the above photograph was transmitted to the victim's male-child body, and the crime is not good in light of the method and content of the crime.

However, there are other circumstances considering the circumstances such as the defendant's wrongness, the defendant's primary offender, the defendant's agreement with the victim that the injured person does not want the punishment of the defendant, and the sentencing conditions stated in the records, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, etc., shall be determined as ordered.

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