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(영문) 울산지방법원 2017.08.17 2017고단1945
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 October 2016, the Defendant, at the “C” golf practice office located in Ulsan-gu, Ulsan-gu, a mobile phone camera, taken a photograph of b body pictures exposed to the victim D ( South, 52 years old) using the cell phone camera in his/her possession, around October 2016.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. The Defendant of the crime committed around March 9, 2017 in Japan

At the seat of 105 hotel in the Ma in the Moto-Ma, the victim D, who was exposed to the upper half of his cell phone with himself, was exposed to the upper half of his cell phone by using the cell phone camera in his possession, was exposed to the upper half of his body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

3. On April 3, 2017, the Defendant committed the crime at around 19:10 on April 3, 2017, at the Defendant’s GA car located in the Ulsan-gu Postal Zone, Ulsan-gu, U.S., the Defendant sent the pictures taken as stated in paragraphs 1 and 2 of the charges to the victim’s wife and his/her cell phone, and provided them (a prosecutor indicted the aforementioned act as “distribution” but, as seen above, the transmission to a specific person constitutes “providing” rather than “distribution”). The summary of the evidence.

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to the accusation commissioner (including photographs of crimes);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Criminal Crimes, and Selection of fines;

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. The fact that the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the victim is deemed to have suffered serious damage by transmitting physical photographs, etc. taken by the defendant to his/her family without the victim’s consent.

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