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(영문) 부산지방법원 2020.04.06 2020고단365
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant’s order from July 2016 to the lower order.

8. On the first and fourth date, the charges of this part of the facts charged shall not be evidence to prove that, “I am off and locked after sex relations, I am off and locked” or “I am after sex relations.”

The victim made a statement to the effect that the police should not memory the situation taken a photograph, and the defendant only made a statement to the effect that he had sexual intercourse after the photograph was taken.

Therefore, the facts charged corrected that “after sex relations” was deleted from among the facts charged.

The body of the victim C (nive, life, and age 21) was taken by the defendant's cell phone against the victim's will.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes that make statements to C (tentative name) in police protocol;

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

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;

1. Where a conviction against a defendant who shall file for the registration 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 personal information to a competent agency pursuant to Article 43

The defendant's age of exemption from the disclosure order, notification order, and employment restriction order, the type of crime, criminal process, criminal records, disclosure and notification order, social benefits expected by the employment restriction order, and the prevention of sexual crimes.

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