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(영문) 서울서부지방법원 2018.01.17 2017고단2935
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 August 8, 2017, around 04:00, the Defendant entered into a sex relationship with the victim F (V, age 21) in the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government “Eel” 303 heading room, with the victim F (age 21), and the victim was willing to photograph the body of the victim out of the victim by using his cell phone camera functions.

Accordingly, the Defendant taken the front body of the victim and the rear body of the victim using the 7 mobile phone camera function of his own son, while walking the victim's clothes from his own side, and taken the front body and the rear body of the victim with a photographic picture, and taken the image of the victim's chest by hand.

After all, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on the closure screen;

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

1. Selection of an alternative fine for punishment (to reflect the error of the person in question, to the extent that the person in question agrees with the victim, and to the first offender, etc.);

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 the conviction of the instant personal information registered in accordance with Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the said Act.

However, it can be effective to prevent recidivism to a certain extent only with the initial crime, the registration of personal information.

In light of the fact that there is a special reason not to disclose personal information.

Therefore, it is determined.

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