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(영문) 부산지방법원 서부지원 2018.02.07 2017고단1853
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On March 16, 2017, at around 23:00, the Defendant had sexual intercourse with the victim D (Woo, 19 years of age) and had taken the image of the victim who was in a physical state above the bed, using his own smartphone ( Samsung Gallone No. 5) function, and taken a photograph arbitrarily without the victim’s consent.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis, external mines and replies);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes against the relevant crime, and the selection of fines;

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

1. In full view of the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, the profits and preventive effects expected due to the disclosure order and notification order, and the disadvantages and side effects, etc., there are special circumstances that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties

If a conviction on a crime in the judgment that is subject to registration and submission of personal information becomes final and conclusive, 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 competent agency pursuant to Article 43 of the same Act.

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