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(영문) 부산지방법원 서부지원 2020.06.25 2020고단236

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. Around October 22, 2019, the Defendant, on October 22, 2019, took a video image of the body of a female victim who was not his/her name, with his/her cell phone, which activated the function of photographing the video at a convenience store located in the rear B apartment of Busan Northern-gu, Busan, around October 22, 2019.

2. Around October 23, 2019, the Defendant, at around 16:57 on October 23, 2019, taken a dynamic image image of a female victim with his/her cell phone who activated the recording function of the video at the above convenience store.

3. On October 25, 2019, around 17:02 on October 25, 2019, the Defendant: (a) taken a video image of a female victim and victim E (a family name, leisure) with his/her cell phone that activated the recording function of the video on the second floor of the D store located in Busan Northern-gu, Busan; (b) around October 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Each protocol of seizure and the list of seizure;

1. 112. List of reported cases;

1. Application of the Acts and subordinate statutes to investigation reports (limited to the attachment of field CCTV images, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;

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

1. Article 62 (1) of the Criminal Act;

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

1. To consider comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects on the Defendant’s entrance due to such order, prevention of a sex crime subject to registration, and the effect of protecting the victims, etc., which may be achieved due to such order, under Articles 47(1) and 49(1) of the Criminal Act, and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.