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(영문) 대전지방법원 2016.09.30 2016고단2493
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six months.

The defendant shall complete a sexual assault treatment program for 24 hours against the defendant.

Reasons

Punishment of the crime

1. On February 10, 2016, the Defendant violated the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (sexual traffic) by paying KRW 1.40,00 in cash to E (n.e., 19 years of age) with a smartphone-rating app “D” in Daejeon Jung-gu, Daejeon, about 03:00 on February 10, 201, and paying KRW 1.40,000 to E (n.e., 19 years of age).

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On February 10, 2016, at around 03:24, the Defendant taken the body of the victim against his will over three times in total with the Defendant’s cell phone, using the cresh in which the victim E is off all clothes in order to have the victim get out of the clothes.

B. On February 11, 2016, at around 23:02, the Defendant visited the Defendant’s home located in the Daejeon Daejeon Daejeon Seo-gu website “G”, and posted three copies of the victim’s bridge photographs taken under the foregoing paragraph (a), and displayed them openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol concerning E;

1. Descriptions of evidential materials (any writing and balm photographs posted by the suspect A on a obscene material site);

1. Entry of the certificate of the disabled;

1. Application of Acts and subordinate statutes to entries in seizure records;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 21 (1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Crimes (the occupation of sexual trafficking);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Exhibition, among crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), and punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to display of the front and front photograph of the criminal situation);

1. Selection of each sentence of imprisonment;

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

1. The punishment of sexual crimes against disclosure or notification orders; and

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