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(영문) 부산지방법원 2018.04.11 2017고단6372

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant taken the body of another person, which may cause sexual humiliation or shame, over three times through the following devices equipped with a camera or similar function, against his will:

1. From September 14, 2017 to June 16, 2017, the Defendant: (a) opened a photographer of a finger-type device with a finger-type device with a finger-type device inside the finger-type function in which the name can not be known between Vietnam and Vietnam, and taken a brupt image with a brupt image, in which the name cannot be known.

2. On September 2017, the Defendant: (a) at the conference room in which it is difficult to know the trade name located in the vice-dong of Busan-gu, Busan-do, the Defendant: (b) divided the camera of the finger-si type mechanical device with the finger-si function inside the carmer function by the foregoing method; and (c) taken the image of sexual intercourse with the victim D (V, 27 years of age) and the body of the body.

3. On September 29, 2017, the Defendant: (a) on September 23:30, 2017, at the Mourel room where it is impossible to ascertain the trade name located in the vice-dong of Busan, Busan, the Defendant: (b) divided the shooting server of the finger-type device with the finger-type device inside the carmer function by the foregoing method; (c) on the part of the victim E (e.g., the 29 years old); (d) on the part of this month, the Defendant taken the image of the front part of the body in front of the other month after the victim finished a shower; and (e) on the part of the victim, the Defendant took the image of the front part of the body in front of the other month and then

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to D or E;

3. Police seizure records;

4. Application of Acts and subordinate statutes to reports on results of digital evidence analysis and results of digital evidence analysis;

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

2. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the last sentence shall be the penalty provided for in paragraph 2 of the same Article).