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(영문) 인천지방법원 2019.03.14 2018고단8896
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 17, 2018, at around 05:14, the Defendant opened the Defendant’s mobile phone to his customer, and taken a video image of the Defendant’s sexual intercourse with the victim D (n, 21 years of age) without knowledge of the victim D (n, 21 years of age).

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

Summary of Evidence

1. Statements made by the criminal defendant in the first protocol of the trial, which fit for such statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on reproduction CDs (Chapter 4) as a result of digital sirens;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, risk of repeating a crime; motive, method, consequence and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify the information; (b) the preventive effect of a sexual crime subject to registration that may be achieved therefrom; (c) the effect of protecting victims; and (d) restrictions on employment should be comprehensively taken into account in light of the Defendant’s age, family environment and social relationship; (d) history, history and motive of the crime; and (e) the method and consequence of the crime.

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