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(영문) 부산지방법원 2019.01.14 2018고단5264

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight 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

After vitalizing the smartphone photographing function, the Defendant: (a) sent to the right part of the given smartphone camera part; (b) exposed out of the lower part of the given smartphone camera part; (c) had the mind to take the body part of the flab of the flab of the flab; (d) had the flab of the flab on May 25, 2018 to the flab of the flab of “C” convenience store located in Busan, the Defendant taken the flab of the flab of the flab of the flab; and (c) had the flab of the flab of the flab on the part of the body part of the flab; and (d) had the victim taken the flab of the flab of the flab by taking the flab of the flab of the flab on 24 times in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

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

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record, and the fact that photographs are not distributed to others);

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. The Defendant’s age, occupation, family environment, social relationship, record-off and risk of recidivism, the disclosure order and notification order of this case, and the profits and preventive effects expected by the employment restriction order, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;