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(영문) 춘천지방법원 2019.05.21 2019고정12
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

Reasons

Punishment of the crime

1. A person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) was prohibited from openly displaying obscene images via an information and communications network, but the Defendant, at around 05:02 on January 26, 2017, connected the Defendant’s house located in Chuncheon City B to the member-based Internet site (C) and displayed obscene images via an information and communications network by downloading two copies of a photograph showing a female’s sexual flag and chest as a title “D.”

2. Around 18:58 on April 13, 2017, the Defendant: (a) accessed the above Internet site (C) at the Defendant’s home located in Chuncheon-si B; and (b) displayed publicly the pictures taken by the Defendant against the will of the person subject to taking pictures of the body of the person who might cause sexual humiliation or sense of shame by exposing six photographs taken by the influence women in the name of “E” as the title “E”.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a seizure warrant (2018-311), materials on reply, report on internal investigation (C member certification method and specific circumstances of suspect);

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes; Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order to disclose, notify, or restrict employment, and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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