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(영문) 부산지방법원 2014.11.27 2014고정4226

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On June 18, 2014, around 14:40 on June 18, 2014, the Defendant: (a) covered “Curcom” in the “Curcom,” which is located in the Busan East-gu, Busan, with the victim D (the age of 35, female) known to ordinary people; (b) concealed smartphones that function as a shower in advance between the victim and the shower; and (c) taken a photograph of the victim’s sexual relationship with the victim.

Accordingly, the defendant taken a sexual relation against another person who could cause sexual humiliation or shame by using a camera, against his will.

2. On June 21, 2014, at around 19:20, the Defendant taken a bridge and a stoke of the stoke in the “F” located in the Busan BY-gu, Busan, using the video photographing function of the cellular phone in possession of the victim G (n, 28 years of age).

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (including attachment of videos and photographs stored in suspect mobile phones and photographs attached thereto), investigation report (including photographs attached thereto), investigation report (including photographs attached to the seized mobile phone SDR), investigation report (D telephone conversations), investigation report (specific place of crime) (the fact of Article 2 at the time of printing);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (on-site attachment, etc.), investigation report (including photographs and photographs attached thereto stored in a smartphone A of the suspected person A), investigation report (including photographs attached thereto) (including photographs attached to the seized mobile phone SDR photograph);

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 and the Selection of Fines for Crimes;

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

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

1. The order of provisional payment;