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(영문) 부산지방법원 2019.09.25 2019고단2742
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Around September 11, 2018, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual traffic by paying the foreigners of sexual traffic in an irregular place not exceeding the annual dong-dong, Busan, and paying the foreigners of sexual traffic in an irregular manner, and paying the foreigners of sexual traffic once.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), at the time and at the place specified in paragraph (1), taken a sexual intercourse with a female who is the victim, using his mobile phone camera functions, to take a dynamic image of the sexual relationship.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the CDs and screen pictures to a photograph;

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); Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of each of the crimes above is aggregated);

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

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

1. Where a conviction of a defendant against a crime committed in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is decided to file for the registration and submission of personal information under 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

On the other hand, it causes the registration of personal information.

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