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(영문) 부산지방법원 2019.03.27 2018고단5480

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant came to know at the victim B (n, 24 years of age) and the "D" restaurant located in the Gu of Busan City and the Gu of Busan.

On July 17, 2018, the Defendant, at around 13:00 on July 17, 2018, intended to photograph the body of the victim who could cause sexual humiliation or sense of shame by using Samsung Galle-si 8 fluor smartphones of the Defendant’s Samsung Galle-si, which has a camera function, with a video fluorl, and placing the victim above in front of the new engine room in the escape room of the above restaurant, to take the body of the victim who could cause sexual humiliation or sense of shame. However, the Defendant did not go against the wind to detect the above smartphones and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Reports on internal investigation (e and currency of witnesses);

1. Application of Acts and subordinate statutes to police seizure records;

1. Article 15 and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of fines on criminal facts;

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

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

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

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration and 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 the defendant is obligated to submit personal information to

The extent and expected side effects of the defendant's disadvantage due to the defendant's age, occupation, risk of recidivism, type and motive of the crime in this case, process of the crime, disclosure order and notification order, and employment restriction order, the prevention of sex crimes subject to registration, the protection of victims, which can be achieved due to such order, and the effect of protecting the victim.