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(영문) 부산지방법원 2019.05.15 2018고단5980

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 09:30 on September 3, 2018, the Defendant taken the body of the victims who may cause sexual humiliation or humiliation using the mechanical devices with a camera function 16 times in total from September 17, 2018, as shown in the list of crimes, from the time when the victim’s am or am or am was taken by using the Defendant’s LG G7 mobile phone camera function, and the victim’s am or am or son’s body was taken by using the mechanical devices with a camera function in total of 16 times until September 17, 2018.

On December 10, 2018, the Defendant: (a) around 22:00 on December 10, 2018, the Defendant: (b) accessed the cell phone camera in front of the “E” located in the Busan Geum-gu; (c) opened the cell phone camera to the victim F (V, female, and age 17) who followed from the previous C subway station; and (d) opened the cell phone camera in front of the said victim’s bridge, and taken a visual image image of the victim by putting the cell phone camera in front of the victim’s bridge under the direction of the victim.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame by using carmeras against the victim's will.

Summary of Evidence

"2018 Highest 5980"

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The police seizure record and the list of seizure;

1. Each photograph and CD "2019 Highly 1369";

1. Defendant's legal statement;

1. The police statement concerning F;

1. The police seizure record and the list of seizure;

1. A report on the analysis of digital evidence;

1. Application of each photograph and CD-related statute;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment, etc., under the relevant provision on criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Confiscation Article 48(1) of the Criminal Act