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(영문) 대전지방법원 서산지원 2016.04.01 2015고단923
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 20, 2015, around 03:35, the Defendant taken the Defendant’s female-friendly job offers victim E (the 22-year-old age), chests, and fluor, etc. of the Defendant, who was staying in the guest room of the Do Do Do Ra, located in Gangseo-gu Seoul Metropolitan Government, with a smartphone camera, and transmitted the photograph to the other party by using a false name or fluoring.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will, and distributed the taken objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The sentence shall be determined as ordered in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the fact that the victim’s body was exposed to the victim’s body and the victim’s photograph could be disseminated, and that the nature of the crime is against: (a) the fact that the victim has agreed to do so; (b) the first offender is the first offender; and (c) the defendant’s age, environment, sex behavior, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.

Where a conviction becomes final and conclusive on the facts constituting the crime of sexual assault crime to be registered and submitted, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result, and crime is exempted from an order of disclosure or notification of personal information.

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