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(영문) 부산지방법원 서부지원 2020.04.17 2019고단2333
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

Even if it does not go against the will of a person subject to photographing at the time of photographing, no one shall display ex post facto images of another person's body which may cause sexual humiliation or shame against his/her will.

Nevertheless, on November 1, 2017, at a place where the location is unknown, the Defendant posted a notice by the “B” user of Twitter by accessing the Internet Twitter in a way that twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s account (D).

As a result, the Defendant openly displayed photographs on another person's body that may cause sexual humiliation and shame.

Summary of Evidence

1. Defendant's legal statement;

1. E-blogs of a twitter and caps of an E-blogs;

1. The application of Acts and subordinate statutes on video transmission data;

1. Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017) and the selection of fines concerning criminal facts;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

Information disclosure order, notification order, the age of the defendant exempted from employment restriction order, previous and present, risk of recidivism, details of the crime in this case, methods and results of the crime, disclosure order, notification order and employment restriction order, prevention of sexual crimes expected to be disclosed, and the effect of the protection of the victim, and disadvantage of the defendant.

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