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(영문) 인천지방법원 2017.02.08 2016고단7883
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, as a member of the Internet-friendly group, was aware of the victim E and the victim F (the age of 38), who is another member of the Internet-friendly group.

On May 21, 2016, the Defendant: (a) taken the victim’s sexual organ part of the victim F (n, 38 years of age) and sexual intercourse with E using his/her own smartphone photographic function in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) taken twice against the victim’s will; and (c) sent two copies of the photograph taken immediately thereafter to I via smartphones.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, and provided the taking of the body to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report ( telephone conversations between a complainant and a criminal investigation report ( telephone conversations between a witness and his/her clinic);

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age is the subject of an order to disclose personal information.

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