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(영문) 청주지방법원 2016.12.01 2016고단1953
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

The Defendant and the Victim B (the age of 28) came to know from the main point of “D” located in the Heung-gu Seoul Metropolitan Government, Chungcheongnam-gu, Cheongju on June 11, 2016, in other words, i.e., the passage of tin.

1. On June 12, 2016, the Defendant, at around 10:00 on June 12, 2016, taken a photograph of the victim’s body known body that the Defendant found the victim’s body, who had a sexual intercourse with the previous victim, in a 508 popon cell phone 5S cell phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation against the victim's will.

2. On June 13, 2016, the Defendant, as stated in the foregoing paragraph (1), was in custody of the victim’s personal body photograph taken out against the victim’s will in the cell phone, and sent the Defendant’s personal body photograph to the Defendant-friendly I using H at the Defendant’s residence located in Cheongju-gu G 3027 on June 13, 2016.

In this respect, the Defendant provided the victim with photographs taken of his body that may cause sexual humiliation or sense of shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to B (alias), J and I;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment and the result thereof, the circumstances and consequence of the crime, the photographed materials immediately after the crime are deleted, and thus, there is no room for leakage to the outside. The argument of this case, such as the victim and the unagreement, the beginning crime, and reflect.

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