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(영문) 광주지방법원 2018.04.18 2018고정42
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 29, 2017, around 17:04, the Defendant, at the Defendant’s house located in Gwangju Mine-gu C and 205, posted a notice of “D” on the Internet site’s package (todisk.com) by accessing the Internet site’s package (todisk.com) along with “E”.

The foregoing file is a video that the victim and female-friendly body have been exposed to the IP camera installed in the place of residence of the victim F without permission, and the victim and female-friendly body have sexual intercoursed with the body of the body.

Nevertheless, the Defendant posted an article attached to the above video, and distributed it to many unspecified persons who use the above site.

Accordingly, the Defendant provided an unspecified person with pictures taken against his will by using mechanical devices such as a camera, which could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on internal investigation reports (to make inquiries into the opposite subscriber to the web hoids, and to a response to the spread of video images);

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the Act does not impose a separate order to complete program, considering the fact that no record of criminal punishment exists, the files downloaded by an unspecified person on the sharing site are distributed again on the sharing site, or that such files are not acquired by professional methods, such as hacking, or that such files are not acquired by a specific method

1. Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the defendant is a person 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 the head of the competent police office pursuant to Article 43 of the same Act.

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