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(영문) 부산지방법원 2018.08.06 2018고단2620

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who works as a production employee of the ship company B, and is a relationship with the victim C (V, 29 years of age).

1. On December 24, 2017, the Defendant: (a) at the Maurine room located in Busan Dong-gu, Busan, on December 24, 2017, whether he/she would have to affix a photograph to his/her female while having sexual intercourse with the victim; and (b) he/she would not have a photograph affixed thereon.

"I have asked."

The victim taken the back part of the body, including the upper part of the victim's her but not the victim's her but the victim's her but the victim could cause sexual humiliation or sense of shame even though the victim expressed his or her intention to refuse to do so, using the cell camera function.

2. On December 24, 2017, the Defendant posted the victim’s photograph, such as the foregoing paragraph, at the same place as the preceding paragraph (1) prior to December 24, 2017, on the Internet website, as the title “F” at the Vietnam repository for a daily newspaper.

As a result, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, and openly displayed the pictures, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

3. Fine of 2,00,000 won to be suspended; and

4. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of restriction on employment, and the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, previous conviction, and recidivism), and the benefits and effects expected from the instant order of disclosure and order of notification.