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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1620

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 17, 2017, around 08:46, the Defendant: (a) taken a video image of 15, an unspecified female 15 members of the subway station using mobile phones held in advance following the victim D (V, 19 years old); (b) taken a cell phone from May 4, 2017 to June 17, 2017, where the Defendant 15 times in total, from around 2017 to around 2017, using a cell phone owned by the victim D (F, 19 years old).

Accordingly, the defendant taken each other's body against his will, which could cause sexual humiliation or shame by using mobile phones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report, document of investigation, document of internal investigation (limited to securing dynamic images stored in the Nowon-North Korea), internal investigation report (Attachment to accompanying data, etc. of the suspect taken by the victim), smartphone photographs of the suspect used for the crime, cellphone photographs of the suspect used for the crime, boomer and file photographs of the suspect, dynamic images stored in the suspect's cell phone and Nowon-North Korea stored in the suspect's cell phone, data on closure of the video stored in the suspect's cell phone, investigation report (Attachment to DVD attached to crimes stored in the suspect's cell phone and Nowon-North Korea), suspect's cell phone and fD (Chapter 2) stored in the suspect's cell phone or Nowon-North Korea;

1. Application of the Acts and subordinate statutes of subparagraph 1 of seized evidence;

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

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Exemption from an order of disclosure and notification;