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(영문) 부산지방법원 2015.03.18 2015고단35

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

1. On September 17, 2014, at around 13:29, the Defendant taken a video image of the 2nd floor of the humanities hall located in the Busan National University, the Busan National University, the Busan National University, and the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor, and the bridge and the spath of the female victims who have failed to obtain their names

2. On September 23, 2014, at around 14:44, the Defendant, from the above stairs, taken a video image of the legs and the bridges of female victims in distress by the aforementioned methods.

3. On September 25, 2014, at around 16:23, the Defendant, from the above stairs, taken a video image of the legs and bridges of female victims in distress by the aforementioned methods.

4. On September 29, 2014, at around 13:08, the Defendant, from the above stairs, taken a dynamic image of the victim B (n, 20 years of age)’s legs and spaws in the same manner as above.

5. On September 29, 2014, at around 13:10 on September 29, 2014, the Defendant, from the above stairs, taken a video image of the legs and scoos of female victims in distress in their names.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame on five occasions through a mechanical device with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. The police seizure record and the list of seizure;

1. Damage photographs and criminal video CDs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

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

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

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

1. Where a conviction becomes final and conclusive in regard to a sex crime subject to the registration of personal information under Article 48(1)1 of the Criminal Act, the accused 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 accused is in accordance with Article 43