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(영문) 인천지방법원 2016.06.01 2016고단1527
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On January 20, 2016, at around 02:00, the Defendant performed a sexual intercourse with the victim by drinking the victim B (V, 22 years of age) and drinking alcohol together, and by drinking the DNA telecom801 located in Nam-gu Incheon Metropolitan City, and then, the victim exceeded his/her upper part, and posted his/her photo on the E-grouping room with the Defendant’s friendship on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Specific Crimes (use of cameras, taking photographs, and exhibiting objects), and selection of fines, respectively, against the crime;

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. 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.

Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, preventive effect of sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc.

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