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(영문) 부산지방법원 2018.10.04 2018고단3263
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

After the Defendant married on November 10, 2016 with C, the mother of the Victim B (V, 22 years of age), and on November 1, 2016, from around Seoul to December 2017, the victim lived together with the Defendant’s house located in the Geum-gu, Busan.

From November 2016 to December 2012, 2017, the Defendant taken the body of the victim, who could cause sexual humiliation or sense of shame, against his/her will, by photographing the body of the victim, by means of photographing the body of the victim, which is installed under the victim’s computer monitors, by using a black cambling camera installed under the victim’s computer monitors.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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

2. Selection of a selective fine for punishment (including the fact that there exists no record of punishment for the same type of crime, and that the complainant has withdrawn his/her intent to punish);

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

4. 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;

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

[Determination]

6. Article 48 (1) 1 of the Criminal Act to be confiscated;

7.Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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