(영문) 인천지방법원 2017.11.17. 선고 2017고정1206 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Seized evidence subparagraph 1 shall be forfeited from the accused.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The defendant saw about 2 months the victim of the right and the right of the victim (at least 43 years of age and 43 years of age) and the victim's photograph, who is exempted from clothes, with his/her clothes affixed, in the manner of drinking, to the victim.

On March 1, 2016, at around 01:08, the Defendant taken two-time photographs using a cell phone camera function that the said victim was off, her clothes, accumulated in the bed, and covered by her sub-face, from around 01:02 in Nam-gu Incheon Metropolitan City D.

The Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness’s legal statement 1 and the witness’s statement by the police for C;

1. Photographs stored in the suspect Handphones, F course photographs, letters and photographs taken by the victim Handphones, and seized articles photograph;

[The defendant and his defense counsel asserted that photographs were taken with the consent of the victim. However, according to the evidence above, at that time, the defendant sent the victim's photograph to the victim's request, and the victim's photograph was taken in the process. Thus, if there are circumstances, it is difficult to understand that the victim consented to the photograph of the victim's body, and that the above argument is not accepted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

2. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

4. Order to complete programs;

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

5. Confiscation;

Article 48(1) of the Criminal Act

6. Exemption from an order for disclosure and notification;

Article 47(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, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be deemed that there are special circumstances in which personal information shall not be disclosed or notified in full view of the Defendant’s age, family environment and social ties, records of crimes, details and motive of crimes, methods and consequence of crimes, degree and anticipated side effects of the Defendant’s disadvantage due to disclosure or notification order, the preventive effect of sexual crimes subject to registration that may be achieved

7. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 43 of