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(영문) 인천지방법원 2017.11.22 2017고단7009
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

At around 01:00 on June 3, 2017, the Defendant was in a fluorial room located in Bupyeong-gu, Incheon, Bupyeong-gu with a victim of a name in a fluorial fluoring.

At around 08:46 on the same day, the Defendant taken two copies of a victim’s back flameric photo flamera using S7 mobile phone camera function in Bupyeong-gu Incheon, and posted the above pictures on the above website as “D” without the victim’s consent, by accessing B to B the clinic of “C” without the victim’s consent.

The defendant, at the time of shooting, openly displayed the photographed object against his will, which is not against the will of the person to be taken, on the site which many and unspecified persons view.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Protocols of seizure and list of seizure, and evidence of seizure;

1. National newspaper (information and photographs);

1. The application of Acts and subordinate statutes to report internal investigation (temporary change of notice), investigation report (in response to results of digital evidence analysis);

1. Article 14 (2) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effectiveness and effectiveness of the disclosure disclosure order can be achieved by the defendant's age, occupation, risk of recidivism.

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