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(영문) 부산지방법원 2018.06.20 2018고단1491

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2018, the Defendant, at around 17:29, posted the name from the subway C Station No. 1 to the ground of the subway station located in the Busan East-gu, Busan-dong, in which it is impossible to find out the name going on the ground of the escalator, the Defendant taken the body of the ballon in the ballon by inserting its Samsung Samsung Samsung “(J) 7” mobile phone operator’s callon function at the lower part of the female victim, and photographing the ballon’s body in the callon.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Police seizure records;

4. Presentations of results of analysis of digital evidence;

5. Application of each statute of photograph;

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Protection and Observation Order.

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

5. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles from Sexual Abuse;

6. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, the defendant taken the body of the scarmer by inserting a portable phone with the inner function under the center of the young female victim who was up in the subway station, and the nature of the crime and the criminal administration are not good.

The video materials taken by the defendant with the crime can be disseminated to many unspecified persons via the Internet, etc.