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(영문) 부산지방법원 2013.12.18 2013고단6946

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On May 25, 2013, the Defendant ordered and delivered the pent-type camera at the Internet Gmarket. On May 30, 2013, around 11:03 to 12:19, the Defendant taken pictures against the victim’s body against the victim’s will that could cause sexual humiliation or sense of shame by using the pent-type camera for nine times in total, as shown in the annexed list of crimes, in the name of a female victim, who was suffering from the shorter c points located in the Fash-gu B of Busan, and stored the bamer-type camera purchased as above, and taken the body of the victim’s body as a bamer-type image, which was tightly taken under the victim’s bamer-type camera installed. < Amended by Act No. 11871, May 31, 2013>

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Criminal tools and photographs;

1. Responses to digital evidence analysis results, and the application of Acts and subordinate statutes on digital evidence analysis results;

1. Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts

1. Selection of each selective fine for a punishment (including the reflection of any punishment and any past record that no punishment has been imposed);

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

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 is obliged to submit personal information

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved due to such order, and the victim.