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(영문) 울산지방법원 2014.10.16 2014고단2096
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From December 28, 2013 to December 29, 2012, the Defendant drinks five friendly-gu including the victim D and drinking in the C pentaeb in the G penta-si, Chungcheongnam-si.

On December 29, 2013, the Defendant taken four copies of the victim’s resistance photographs, which could cause a sense of shame, from the victim’s part, who was under the influence of alcohol at the place above the new wall, using a cell phone camera owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on physical photographing photographs and Kakakao Stockholm dialogues;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. It is evident that even if the defendant was in distress for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is a photograph sufficient to cause sexual humiliation from the victim of the defendant's friendly appearance or from the general public;

Provided, That the defendant shall be selected by a fine of a reasonable amount in consideration of the fact that there is no criminal history of the same offense, there is no criminal record in addition to the fine, and the victim has agreed smoothly.

Since the risk of recidivism is dangerous, the order to complete the sexual assault treatment program is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose or notify to the public: It shall be determined as above on the grounds of Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which

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