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(영문) 부산지방법원 2018.12.19 2018고단4106

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment with prison labor for six 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 July 1, 2018, around 18:00 on a day, the Defendant: (a) viewed that the victim D (n, 41 years of age) who had an internal-related relationship with the Defendant was in a brupted state prior to having a sexual intercourse with the Defendant; (b) taken the victim’s telegraph and negative part, etc. using his cell phone with an inner function.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

Summary of Evidence

1. Application of respective Acts and subordinate statutes to photographs of the police statement protocol concerning partial D of the police interrogation protocol to the accused who has partially made a statement in the court;

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 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. In full view of the following circumstances: (a) 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 Exempted from disclosure of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the Defendant appears to have committed the instant crime; (d) the Defendant appears to have committed the instant crime; (e) the victim’s body was recorded; (e) there was no record of punishment for sexual crimes; and (e) other circumstances indicated in the record, including the Defendant’s age, sex, occupation, environment, family relationship, etc., the disclosure of the Defendant’s personal information should not be notified.