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(영문) 부산지방법원 2018.04.18 2018고단566

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 12:10 on January 12, 2018, was in Jinju-si D, and the body of the victim was taken by a video screen by inserting the body of the victim under the body of a female victim, where it is impossible to identify the identity of the cell phone of “Aopon SE”, whose Kamer functions are marked.

In addition, during the period from around that time to January 18, 2018, the Defendant taken photographs of another person’s body against his will using devices with similar functions, such as a camera or similar function, which may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with regard to F;

3. Police seizure records;

4. Report on results of analysis of digital evidence;

5. Application of film-related Acts and subordinate statutes contained in CDs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in attached Table No. 6 of the largest list of concurrent crimes).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2 of the Criminal Act to observe an order to observe the protection; Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

6. Comprehensively taking into account all the circumstances indicated in the records, such as the Defendant’s age, sex, occupation, environment, family relationship, etc., the benefits and preventive effect expected due to an order to disclose or notify the Defendant of the registered information, as well as the disadvantages therefrom, by comprehensively taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; (c) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse.