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(영문) 인천지방법원 2013.11.27 2013고단6164
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a space between the victim C(n, 26 years of age) and mobile phone display.

1. Around June 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took pictures of a sexual intercourse with the victim at the EMoel near the Manyang-gu, Mayang-si, Annyang-si, by using his/her smartphone, using his/her smartphones to screen the sexual intercourse.

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

2. On August 7, 2013, around 13:22, 2013, the Defendant sent the victim’s mobile phone with the victim’s cell phone with the word “before she changed the name of the whistle, the width, and the name of the person, the people must make the face of her face her face her,” and at around 13:30 of the same month, the Defendant threatened the victim with the photograph taken from the victim’s mobile phone to spread the image taken in front of the victim’s cell phone and then sent the image taken in front of the victim’s cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the statutes governing evidence submitted by the victim;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 283 of the Criminal Act, and the selection of each fine (including the fact that no previous one exists);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of the accused is finalized with respect to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall be a special case on the punishment

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