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(영문) 울산지방법원 2017.02.02 2016고단3900
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On April 23, 2015, the Defendant, at Jeju Special Self-Governing Province Jeju, tried to take a space of sexual intercourse with the victim D (the age of 45) who was a string of “C hotel,” located in B of Jeju Special Self-Governing Province, to photograph the space of sexual intercourse with the victim D (the age of 45) with a cell phone, and activated the camera function of the cell phone, and taken a video image of the space of sexual intercourse with the victim without the victim’s consent.

The Defendant taken the body of another person, which may cause sexual humiliation or shame, using a cell phone with a camera function, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (including statements, etc. of victims) (including photographs);

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

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the Defendant, while having a sexual intercourse with the victim, installed and taken a cellular phone on a triang belt, and the photographing was not carried out closely, and the act of photographing the video with the spread of the video or against the will was committed habitually;

If the conviction of the accused against the criminal facts in the judgment of the sexual crime subject to the registration of personal information is finalized by taking into account the fact that there is no data to be seen, and there is no other criminal history other than a fine related to minor traffic in 1995, the accused 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 the accused is obligated to submit personal information to the relevant agency pursuant to

The defendant's age, occupation, risk of recidivism, health status, type, motive, process, seriousness of the crime, disclosure order or notification order shall be the defendant's age, occupation, risk of recidivism, health status, type of the crime in this case.

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