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(영문) 부산지방법원 동부지원 2015.02.04 2014고단2017
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 19, 2014, at around 05:00, the Defendant used a mobile phone in possession of the victim D(W, 19 years of age) who was aware of his/her reputation in the guest room in Busan Shipping Daegu B, and took three photographs of the victim’s burine using a mobile phone, and transmitted the burine photograph to E, who is the ship he/she knew of his/her reputation, via the Kakao Stockholm program.

As a result, the defendant taken the body of the victim who could cause a sense of sexual shame against his will and provided the photographer to others.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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. Considering the fact that the Defendant committed the instant crime even though he/she had committed the instant crime during the period of probation and the fact that the nature of the instant crime is very good, strict punishment against the Defendant is required for the reason under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

However, considering the fact that the defendant's mistake is divided, there is still no record or record of criminal punishment against the defendant, and the age, character and conduct and environment of the defendant, motive, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in consideration of the sentencing conditions specified in the arguments of this case.

Where a conviction becomes final and conclusive on the criminal facts of this case against a defendant who shall submit personal information, the defendant constitutes 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 is obligated to submit personal information to the competent agency pursuant to

disclosure order and.

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