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(영문) 부산지방법원 동부지원 2017.11.08 2017고단2052

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 4, 2017, around 21:38, the Defendant, within the H1st floor located in Busan Shipping Daegu G, made the USB-type camera photographed the upper part of the H1st floor so that it can be taken by cutting the upper part of the body of a woman whose name is unknown, suffering fright and recorded the fright of a fright, and taken the body of a fright female 10 or half of the fright or half of the fright, in the same manner as the attached crime list, between April 9, 2017 and May 4, 2017.

Accordingly, the Defendant taken the body of another person, which could cause sexual humiliation or shame by using the USB-type camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. Investigative reports, replies of results of digital evidence analysis, internal investigation reports (Attachment to data to the closure of the images and the camera photographs), screen pictures taken by the victim, USB-type camera photographs used by the suspect for committing a crime, digital evidence analysis results, two CDs, internal investigation reports (with regard to the date and time of a crime);

1. Application of the Acts and subordinate statutes of subparagraph 1 of seized evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

It is difficult to conclude.