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(영문) 전주지방법원 2018.09.14 2018고단1024
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 11, 2017, from around 18:02 to around 18:40 on the same day, the Defendant: (a) within the telecom called “F” located in Seongbuk-gu Seoul Metropolitan Government E; (b) reported that a female-child Gu victim G (V, 18 years old) was diving in his body; and (c) taken eight copies of the victim’s personal body photograph using the Defendant’s cell phone camera against the victim’s intent.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

Application of the Act and subordinate statutes to the police's written accusation G to the defendant's legal statement

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order the restriction on employment of children and juveniles under the main sentence of Article 56 (1) of the Act on the Protection of Children

1. In accordance with the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the same Act, an order to disclose the registered information shall not be issued, taking into account all the circumstances, such as the details of the crime of exemption from disclosure of the registered information, the subject matter of the crime, the necessity of an order to disclose the registered information, etc.

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