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(영문) 춘천지방법원 원주지원 2014. 12. 10. 선고 2014고단930 판결
[성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)][미간행]
Escopics

Defendant

Prosecutor

Plusty (prosecutions) and Lee Jong-hee (Public trial)

Defense Counsel

Attorney Lee In-bok

Text

Defendant shall be punished by a fine of three million won.

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.

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

The defendant shall be ordered to complete 24 hours of sexual assault treatment programs.

Criminal facts

No person shall distribute, sell, lease, provide, or openly exhibit or screen photographs taken against another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or any other similar mechanism, against the latter's will.

1. The crime committed on September 12, 2013;

The Defendant, through Internet search, scambling with a black fluor, and boomed with a female bucks and her buck, who scam. Around September 12, 2013, the Defendant posted and openly displayed the video on the portal site “○○○○○○○ ---; ;” which is a portal site’s buck on the bulletin board.

2. Crimes committed on December 22, 2013;

The Defendant, by means of the method as described in paragraph (1), holds a dynamic image in which women’s bucks and jumbucks are exposed to bucks and mucks, mucks, mucks, and mucks, in a manner as described in paragraph (1). On December 22, 2013, the Defendant posted and displayed bucks on the buck bulletin board and openly displayed them.

Summary of Evidence

1. Defendant's legal statement;

1. The second attachment of a notice “Irath or rath”, or a notice “Irath or rath”

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.

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

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

Registration of Personal Information

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

Exemption from Information Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances where personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

In light of the fact that the defendant has no criminal records against him/her, and the defendant is a patient with lebane who is unable to go well before his/her school in the middle of his/her lifetime, etc., he/she committed the instant crime with another person's attention via the Internet, and there are some circumstances to take into account the motive of the instant crime, the sentence like the order shall be determined.

Judges Park Byung-young

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