beta
(영문) 부산지방법원 2018.03.08 2018고단81

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was an employee from the "C" located in Busan Jin-gu, Busan, and is a person without a duty at present.

Victim D (V, 36 years old) is between the above “C” customer, victim E (n, 19 years old) and the Defendant and the drama factory, which came to know, from around three years ago.

1. From around 15:00 on April 1, 2017 to around 16:00, the Defendant discovered that the victim E was seated with the upper body part of the upper body when he was sitting in the upper body, with the upper body part of the lower body part of the upper body when he saw that the victim E was seated with the upper body part of the lower body part of the lower body part of the lower body part of the lower body part of the lower body part of the lower body part using smartphone with the inner body function, and photographs the lower body part of the lower body part of the lower body part of the lower body part of the lower body part using smartphone with the inner body function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using smartphones against his will.

2. On June 6, 2017, at around 17:30, the Defendant committed the crime against the victim D, the Defendant entered the said camping place as the victim D's toilet, the customer of the said camping place in Busan, Busan, and the Defendant took the front image of the smartphone, which was equipped with the camera function, and then opened a video camera of the smartphone with the inside of the camera function, and then put the victim into the front door door, which sees the side of the victim, and taken the front image of the victim as a shot image.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using smartphones against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E mail protocol;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to response results from digital evidence analysis;

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

2. Selection of an alternative fine for punishment;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 of the Criminal Act to attract a workhouse.