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(영문) 부산지방법원 서부지원 2018.01.25 2017고단1514
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

Defendant

A is between the victim B (n, 22 years of age) and the three-month teaching system as an unqualified person.

On April 3, 2017, the Defendant, at around 08:00, set up the front door of a smartphone, which was in possession of the victim’s chest, in order to engage in a sexual intercourse with the victim’s residence, around 08:00, in order to have a sexual intercourse with the victim, and taken the victim’s image on the back of the back, while carrying out the function of photographing the victim’s chest.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 14 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 concerning the crime;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 relevant agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act. In light of the following, the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may sustain, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., of the Defendant exempted from disclosure order or notification order.

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