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(영문) 의정부지방법원 2017.09.14 2017고정1245
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant was in a non-permanent relationship with the victim B (45 years, women).

In 2014, the Defendant took pictures of the body of the victim who could cause sexual humiliation or shame of the victim by using his smartphones (T No. 2, No. 195) function at the 2nd container room of the D cafeteria, which is one’s own residence. The Defendant taken pictures of the victim’s body against his will, using the victim’s smartphones (T No. 2, No. 1995) function.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, written statements made by the police preparation of B, written statements made by the police preparation of B, and internal investigation reports (Attachment to the storage of victims’ videos);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the following: (a) Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; (b) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (d) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify registered information may have a serious impact on the Defendant; (d) the Defendant has no history related to the sex offense; and (e) the fact that the registration of personal information alone appears to have an effect to prevent recidivism of the Defendant; and (e) the reason for sentencing is examined; (e) Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Defendant by recognizing the instant criminal facts; and (e) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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