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(영문) 부산지방법원 2018.03.08 2018고단135
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while working as a member of the Internet portal site daum non-disclosure camera "D" as a "D" in C, was exposed to the victim's front bridge page of a female victim who could not know his/her name by using the defendant's smartphone in the F School, N School, etc. located in Yangyang-si, Yangyang-si on the following day: (a) around August 8, 2012, the Defendant taken the front bridge side of the victim's victim's victim's victim's smartphones, whose name cannot be known by using the defendant's smartphones; (b) around 07:14, 2012, posted the Defendant's smartphones to the above camera, so that the above camera members can be seen.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will, and distributed the taken objects.

In addition, the Defendant taken four times from that time until September 12, 2012, the body of the victims, whose names could not be known that could cause sexual humiliation or shame, from that time to that time, as indicated in the list of crimes attached hereto, were taken against their will, and distributed the pictures.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report (No. 9,10, 12 once a year);

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

2. Selection of a fine to choose a punishment (the distribution of photographs taken by placing them on online cameras shall be considered disadvantageous circumstances, but the crime is very serious in light of the parts and contents of taking pictures;

The amount of fine shall be determined in consideration of the fact that there is no criminal history, and there is no criminal history.

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

6. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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