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(영문) 인천지방법원 부천지원 2019.09.11 2019고정431
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 28, 2018, at a place where the location is unknown, the Defendant displayed a photograph showing the face of the victim who was a female-friendly arrest victim (at least 25 years of age) living together with his/her house and put him/her into the Defendant’s sexual organ, in a manner against the victim’s will, who is the person to be taken the photograph, in a place where it is difficult to identify the location at least 22:13 on October 28, 2018.

Accordingly, the Defendant displayed the body photographing of the victim, which could cause sexual humiliation or shame, openly against the victim’s will.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

1. Application of the police investigation report (victim B's statement) and photographic Acts and subordinate statutes to capture C and D professional pens of the suspect;

1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of fines, etc. concerning criminal facts;

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. 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 an order to disclose or notify information; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the Defendant’s age, social relative relationship; (d) risk of recidivism; (e) profits and preventive effects expected by an order to disclose or notify registered information to the Defendant; and (e) disadvantages and side effects therefrom.

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