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(영문) 부산지방법원 동부지원 2016.02.04 2015고단2443

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 4, 2015, at around 15:43, the Defendant taken a photograph of the victim D (n, 33 years of age)’s chest, ship, bridge, etc. one time in digital camera, in which the victim was able to take a bath with a kidial cream in Busan Shipping Daegu B, and two women, i.e., the victim’s name not to take a bath with a kidial cream at the same place, were also taken one photograph of the victim’s name and two women, respectively, who were influened with a kidial cream.

Accordingly, the defendant taken the three body bodies of the above victims who could cause sexual humiliation or shame by using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes, which is applicable to the relevant Article of the Act on Criminal Crimes and the Selection of Punishment, etc. (Optional to Penalty);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where the conviction of the accused against the duty to submit personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is finalized, the accused constitutes 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is subject to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.