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(영문) 부산지방법원 2017.09.13 2017고단3756

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 9, 2017, at around 07:58, the Defendant taken pictures against the victim’s body, who might cause sexual humiliation or sense of shame using his/her smartphone camera’s image photographing function in front of the bus stops located in Busan Dong-gu B, Busan, by taking advantage of his/her smartphone camera’s image photographing function. The Defendant taken pictures against the victim’s will.

2. On February 10, 2017, at around 07:50 on the same day and around 07:55 on the same day, the Defendant taken pictures against the victim’s body, who might cause sexual humiliation or shame by using his/her image photographing function of his/her smartphone camera in front of the bus stops located in Busan Dong-gu, Busan, against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs containing her part, such as a report on investigation, photograph, victim's face, her tum, herum, and herum;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of each sentence of imprisonment;

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 ( considered as reflecting the depth of the crime);

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

1. Where a conviction against a defendant is finalized on the facts constituting a sex crime subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, result, and the defendant's age, occupation, risk of recidivism.