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(영문) 부산지방법원 2018.03.26 2018고단270
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant around 17:58 on May 27, 2017;

6.3. 14:37 Landscaping;

6. 16. 20:30 Gyeongh:

7. 23. Around 15:27, at the Defendant’s residence located in the Geum-gu Busan Metropolitan Government B Studio 402, a sex relationship with a female-friendly job offering victim C (19 taxes, female-friendly job offers) was taken by using the screen image function of the camera, which was contained in his mobile phone against the victim’s will.

Accordingly, the defendant taken four times against his will the body of the victim who could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of evidence and video files);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

2. Selection of an alternative fine (no record of crime), the fact that there is an agreement to pay or promise to pay a reasonable amount to the victim, and the fact that the punishment for the crime is minor by photographing the face of sexual intercourse;

No one shall be punished by a fine, taking into account the fact that it is difficult to see the victim as a blamer in a manner that makes it difficult to recognize the victim at all in light of the content of taking pictures, etc.

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

6. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected from the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom, the Defendant’s personal information is disclosed.

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