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(영문) 대전지방법원 천안지원 2017.12.15 2017고단2000
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On December 2, 2016, the Defendant, at around Asan-si apartment B and around 107 Dong 705, had sexual intercourse with the victim C with a view to meeting the Defendant’s sexual desire, taken around approximately 33 seconds using the Defendant’s portable phone with no consent of the victim, without obtaining the consent of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Video CDs;

1. Application of the Acts and subordinate statutes to the complaint;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that 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, inasmuch as the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, inasmuch as he/she is found guilty of a crime subject to registration of personal information in consideration of the fact that he/she is found guilty of a crime subject to registration of personal information, such as taking pictures of sexual intercourse with the victim and making intimidation by using such pictures, agreement with the victim, counter-cons

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., personal information is personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

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