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(영문) 부산지방법원 2015.12.17 2015고단6113

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On June 19, 2015, at around 19:00, the Defendant taken three photographs, such as the victim’s back-of-the-mail, using the Defendant’s cell phone device with the inner function of the camera, where the victim D (here, 23 years old) was a female-friendly victim D (here, 23 years old).

2. On July 1, 2015, at around 19:00, the Defendant taken six copies of the victim’s chest photographs using the Defendant’s cell phone device located in the Kamera function without the victim’s consent under paragraph (1), including three copies of the victim’s chest photographs and three copies of the back-to-date photo of the victim.

3. On July 19, 2015, the Defendant taken three copies of the victim’s back-of-the-life photo using the Defendant’s cell phone device with the inner function of the camera function without the consent of the victim under paragraph (1), at around 19:00, on the first and second day of July 2015.

4. On August 9, 2015, the Defendant, at around 19:00, taken four back a photograph of the back and damp-proof photograph of the victim’s clothes using the cell phone device of the Defendant with the inner function of the camera function without the consent of the victim under paragraph (1).

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The first police interrogation protocol against the accused;

1. Each police statement concerning D;

1. Answers on results of digital evidence analysis;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of three million won to be suspended;

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

1. Article 59(1) of the Criminal Act: The starting crime, reflectivity, and the victim’s cellular phone.