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(영문) 부산지방법원 동부지원 2017.12.20 2017고단2262

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on August 7, 2017, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame against the victim’s will, or distributed, sold, leased, provided, or openly displayed or screened such photographs to the public, using a camera or other similar mechanism, against the victim’s will. On the same day, the Defendant sent the pictures of the victim C (or 24 years of age) to H within the Defendant’s vehicle operated from the G coffee parking lot located in the Busan Suwon-gu, Busan, to the same direction as Busan, for a mobile phone in the Esing practice room located in Busan, the victim C (or 24 years of age) entered the Defendant’s sexual organ. At around 11:42 on the same day, the Defendant sent the pictures of the Defendant and the victim to H within the Defendant’s vehicle operated in the same direction as Busan-gu, D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, J and H;

1. Investigation reports, investigation reports (as regards the I message that the victim gives and receives with H), investigation reports (as to the results of digital evidence analysis), investigation reports (as to the date and time and location of the crime), investigation reports (as to the confirmation of the date and location of the crime), investigation reports (as to the process of transmitting text messages toK), investigation reports (as to some outputs of the suspect mobile phone analysis);

1. Application of the Acts and subordinate statutes of subparagraph 1 of seized evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, 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 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service;

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.