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(영문) 부산지방법원 서부지원 2019.06.04 2018고단2277

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

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

Around 14:10 on April 20, 2018, the Defendant, within the B urban bus operated in Busan from Port to Port, taking advantage of the Defendant’s mobile phone camera function, taken the bridges of the victim C (the 23 years old), who is a bus passenger.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 4, 6);

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;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse recognizes and reflects a defendant's criminal act; it is difficult to readily conclude that the defendant has no same criminal record and thus, there is a risk of recidivism or recidivism; personal information registration and completion of a program against the defendant can also be said to have the effect of preventing recidivism; and other circumstances such as the disadvantages and anticipated side effects that the defendant will suffer due to the disclosure order and notification order; and the defendant's age, occupation, family environment, social relationship, motive, means, and consequence of the instant crime, etc. shall not be disclosed and notified.