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(영문) 춘천지방법원 2017.09.26 2017고단743
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.) was killed by the Defendant with C (lebling, 29 years of age).

On February 2, 2017, at around 23:00, the Defendant exceeded the lower part of the victim’s house located in Chuncheon-si, by using the cresh of the victim, and taken photographs of the victim’s body, etc. using the Defendant’s cell phone camera function.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On June 1, 2017, the Defendant sent the pictures, such as Paragraph 1, to the Defendant’s cell phone screen on the television screen installed in the victim’s room by using the “E” photographic TV transmission of the Defendant’s cell phone,” which was taken at the Defendant’s accommodation located in Hongcheon-gun, Hongcheon-gun, Da on the same day as that of the Defendant’s cell phone, at around 22:15.

As a result, the Defendant sent pictures that cause sexual humiliation or aversion to the victim using communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of sound, etc.;

1. Article 14(1) (a) and Article 13 (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes (a point of taking photographs, such as a camera), and the selection of fines, respectively, concerning facts constituting an offense;

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

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. The defendant is finally and conclusively convicted of the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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