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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 인천지방법원 2016.10.27 2016고단3731
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 10, 2016, at around 06:24, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken a fluoric color of the victim’s sexual intercourse with the Defendant, by setting up the Defendant’s smartphone in the cremation room in the cremation room in Incheon Bupyeong-gu, and using the Defendant’s smartphone to play a dynamic image of the smartphone camera in the form of a sexual intercourse with the victim.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using smartphones against his will.

2. Around April 26, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium), sent a photograph to the victim’s sexually related dynamic image, along with the message that “I am free from string, I am going out of string, I am going to know, I am to know, I am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am.

Accordingly, the defendant reached the victim with a view to meeting his own sexual desire, which causes sexual humiliation through smartphones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. Records of seizure and the list of seizure;

1. Investigation report (the details of transmission of obscene pictures);

1. Application of Acts and subordinate statutes to photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Punishment, etc. of sexual crimes committed against him/her;

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