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(영문) 전주지방법원 2017.07.14 2017고단886
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 11, 2017, at around 18:47, the Defendant sent a video image taken by a person who was in custody of a victim of sexual intercourse with the victim C (V, 22 years of age) who was in custody of the victim at the time of comparison with the former female-friendly arrest victim C (V, 22 years of age) in the vicinity B located in Seocho-gu, Seoul Special Metropolitan City, with the consent of the victim, and sent it by using the victim’s cell phone E against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Complaint;

1. Investigation report (related to search and seizure of opphones by suspect, extraction work such as related photographs, etc., and victim's reflect photographs sent by the person under consideration to the witness);

1. Application of each statute on photographs;

1. Article 14 (2) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment (excluding punishment);

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. The crime of this case was committed on the grounds that the sentencing of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the victim, was committed on the ground that the body of the victim, who was in custody of the defendant with the victim, was transmitted to the male-child room of the victim.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the victim's male-friendly body to which the photograph has been transmitted deleted and thus the photograph has not been distributed, the defendant does not want the punishment of the defendant in agreement with the victim, and the defendant is the primary offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

The registration of personal information and the sex offense subject to the registration of this case shall be submitted.

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