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(영문) 부산지방법원 2014.08.13 2014고단5611

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2014, at around 23:39, the Defendant: (a) went into the toilet before the D coffee shop in Busan Metropolitan City, and (b) taken a screen image of the part of the victim’s sexual desire against the victim’s will using mobile phones in order to take the side surface of the victim’s use in order to take the part of the victim’s use. (c) The Defendant, from around December 26, 2013 to the aforementioned temporary date, went into the female toilet for the purpose of meeting his own sexual desire over 12 times as shown in the annexed list of crimes; and (d) taken the part of the female victim’s sexual desire against the victim’s will by using mobile phones to take the part of the victim’s use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Answers of results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to each investigation report (where the place of crime is specified, and the date and time of crime);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant shows both the time to commit a crime and the attitude of reflecting it

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

1. Where a judgment of conviction of a defendant against a sexual crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43

An order to disclose or notify personal information.