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(영문) 대구지방법원 포항지원 2014.09.18 2014고단688
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant from around April 30, 2014

5. Five copies of the victim’s bridge photographs sent by the victim C (n.e., 49 years of age) using computers at the residence of the defendant, No. 105, No. 609 of the building 105, no. 609, South-gu, Sinsi, and displayed five copies of the victim’s biopis on the victim’s Kakaotory against the victim’s will, thus openly displaying the photograph of another person’s body

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement by mail;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims of sexual crimes, etc., in full view of the Defendant’s exemption order or notification order, the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the

Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration, 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.

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