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(영문) 의정부지방법원 2016.10.24 2016고단2507
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

Reasons

Punishment of the crime

1. On August 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases on the Punishment, etc.”) took a sexual relationship with the victim’s name in a mobile phone hosting pole located in the Damoel with the victim’s name unfortunate (e.g., age unfortunate), and took a photograph of the victim’s sound part in the victim’s physical condition against the victim’s will using a mobile phone owned by the Defendant.

2. Around July 16, 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) accessed the Defendant’s PC to “F,” a obscene site, using the Defendant’s PC at the Defendant’s residence located in Yongsan-gu, Young-si, G, and displayed the Defendant’s name and influence as described in paragraph (1) on the bulletin board of the said website, and openly displayed obscene images via information and communications networks by posting the Defendant’s name and influ

Summary of Evidence

1. Defendant's legal statement;

1. The application of the text and photographs of obscene sites and the Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Use of Information and Communications Network and Protection, etc. of Information, and Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case posted on the Internet by putting a female on the ground of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering, is very bad.

However, the photograph taken by the defendant is only one copy, and the face of women is not revealed, the defendant is deeply against this court, there is no previous criminal record, and the age, character and conduct of the defendant, and after the crime.

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