logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.03 2015고단4235
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

1. On March 22, 2015, the Defendant: (a) reported that the victim’s name in the old world near the Gangnam-dong Incheon, Seo-gu, Seo-gu, Incheon, was suffering from a short bucker; and (b) recorded the body, using a photographic recording function of the cellular phone devices in which the victim’s bucks and bucks came out.

Accordingly, the defendant taken the body of the victim against his will, using a cell phone with similar functions as a camera, which could cause sexual humiliation or shame.

2. 피고인은 2015. 3. 22.경 불상지에서 인터넷 다음 까페 ‘B’에 닉네임 ‘C’로 접속한 뒤 “일반인 뒷태, 노출의 시기가 왔네요~ㅋ"라는 제목으로 1항과 같이 촬영한 사진을 게시하였다.

As a result, the defendant openly displayed pictures taken of the victim's body by using a cell phone with similar functions as a camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal affairs (a photograph and a closure of comments on a photograph);

1. Application of the photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Although not only photographs another person's body, which may cause sexual humiliation or shame of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, but also spreads it on the Internet, the crime is not good. However, the fact that the defendant is recognized as committing the crime and there is no criminal record, and that the defendant has no criminal record, and Article 51 of the Criminal Act, which is a condition for sentencing, such as the defendant's age, character and conduct, and environment, as shown in the records and arguments of

arrow