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(영문) 부산지방법원 2016.09.28 2016고단3394

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a man who is aware that he attends a private teaching institute such as the victim B (the age of 23) and is living together with his knowledge.

On May 31, 2016, the Defendant taken the victim’s body against his will that could cause a sense of sexual shame, such as photographing the victim’s front bridge for about four minutes, on the bridge between the cell phone in which the victim, who was making a public book on his book, was sitting in the opposite part of his official book, and was in the lower half of his body, and the victim’s body could cause a sense of sexual humiliation, such as photographing the victim’s front bridge for about four minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Act and subordinate statutes to the police statement No. B 1. Efag-faging photographs and CDs

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. The penalty surcharge of KRW 2,000,000 to be suspended (the following sentencing shall be considered as favorable to one another):

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

1. The reason for sentencing under Article 59(1) of the Suspension of Pronouncement of Sentence appears to be against the Defendant’s depth in committing the crime. The first offender is a student of the second 20th and second 20 years old age, and the victim is not subject to the Defendant’s punishment by mutual consent, and the victim appears not to have committed an act of spreading, etc. separate from the seizure of smartphones immediately after committing the crime. In addition, the degree and content of the photograph of this case, the Defendant’s age, sex, environment, means and method of committing the crime, and the circumstances after committing the crime, etc. shall be determined as indicated in the disposition of this case in consideration of the sentencing conditions such as the level and content of the photograph of this case.

When a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 Article 43 of the same