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(영문) 인천지방법원 2016.02.17 2015고단8221
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

1. Around October 2015, the Defendant took a film of the process of having sexual intercourse with the Defendant’s cell phone with the Victim C (V, 38 years of age) with the Defendant’s cell phone in the Seo-gu Incheon, Seo-gu and A Dong 201’s dwelling, Incheon, and the Defendant’s cell phone around October 2015.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in the name of the victim in the above residence of the defendant around November 20, 2015;

For this reason, the above video was sent to the cell phone of the victim.

As a result, the Defendant sent to the other party images, etc. that may cause a sense of sexual humiliation or aversion through telephone or other communication media with intent to arouse or satisfy his or other people's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of the Acts and subordinate statutes on video closures and video CDs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and

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 against the defendant is finalized on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, of the Provisional Payment Order.

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