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(영문) 부산지방법원 2016.08.24 2016고단2572

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 6, 2016, at around 14:30, the Defendant taken the victim’s body against his/her will, by inserting three mobile phones of the Defendant’s LG 3 mobile phones located in Kamerasa, under the toilet partitions, in which women who might cause sexual humiliation or sense of shame, by inserting 3 mobile phones of the Defendant’s LG 3 mobile phones located in Kamerasa, and photographing the body of the victim who could cause sexual humiliation or sense of shame.

2. On April 11, 2016, the Defendant, at the same place as above No. 1, on April 14:12, 2016, extracted the Defendant’s LG beauty 3 mobile phone with the Defendant’s LG interviewed in Kameras under the toilet partitions, taken a screen image of the body of the victim who could cause sexual humiliation or sense of shame, and taken the victim’s body against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of on-site photographs and photographs stored in suspect mobile phones;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras and photographing them

1. Selection of an alternative fine for punishment (the first offender, the depth of the crime, and the victim G is considered in light of the fact that the defendant's punishment is not imposed);

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.

.personal information;