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(영문) 광주지방법원 2018.01.19 2017고단5396
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act (non-licensed driving) at the Gwangju District Court on March 31, 201, and the judgment became final and conclusive on November 3 of the same year.

On January 2016, the Defendant came to know of the victim C (n, 46 years of age) through golf meetings, and sent the victim to the victim's internal relationship until June 2017.

From January 201 to March 2017, the Defendant taken a photograph by using the Defendant’s cell phone with the victim’s cell phone where the victim 's head ' under the implied consent of the victim', the victim 's body head ' is moving back to the body after leaving the shower box, the victim 's body is faced with the body of the victim, the victim 's body is walking back to the body, and the chest from the chest.'

Then, around June 11, 2017, the Defendant sent the victim’s b body pictures to F, the husband of the victim against the victim’s intent without obtaining permission from the injured party, at the main station in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju.

In this respect, the defendant provided photographs against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the public prosecutor on the records of statements of victims;

1. Application of video Acts and subordinate statutes to the complainants' photographs;

1. Article 14 (2) and (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. If a conviction of a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 under jurisdiction pursuant to Article 43 of the same Act.

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