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(영문) 울산지방법원 2015.02.05 2014고단3243
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 60 years of age) are between about 3 years and 60 years of age, and they have been in an internal relationship.

1. On July 31, 2014, the Defendant taken photographs of the victim’s sexual intercourses with the victim’s cell phone at the inside of the victim’s house located in Yangyang-si building C, Yangyang-si, with the victim’s cell phone function.

2. On August 2, 2014, the Defendant taken pictures of the victim’s sexual intercourses with the Defendant’s cell phone function at the place specified in the preceding paragraph.

3. On August 4, 2014, the Defendant taken pictures of the victim’s sexual intercourses with the Defendant’s cell phone with a camera function at the place under the preceding paragraph.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual humiliation over three times in total with a mobile phone with a camera function against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (investigation into the analysis of moving images) and application of photographic Acts and subordinate statutes;

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

1. Even if the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act of the date of provisional payment order, the defendant should not photograph the sexual intercourse without the victim's consent, while the defendant taken the sexual intercourse head several times after the victim's death.

However, it is reasonable to select a fine of considerable amount in consideration of the fact that the defendant's mistake is against the defendant, there is no criminal history of the same kind, and the victim cancels the complaint against the defendant.

Since it is recognized that the risk of recidivism is reasonable, the order to complete the sexual assault treatment program is added.

Registration of Personal Information

1. state that the obligation shall be submitted.

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