beta
(영문) 부산지방법원 2018.08.29 2018고단2610

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On February 21, 2018, the Defendant: (a) boarded the subway No. 1, the subway No. 1, which is located in the Geum-gu, Busan Metropolitan City, from the Dongpo-dong; (b) was suffering from the short horse of the victim C (n, 27 years old); and (c) followed the victim from the E station platform located in Geum-gu, Busan, under the influence of the victim at around 19:23; and (d) took a video image of the victim’s body under the galtho-gu, where the caltho-gu, which is located in the Kapo-dong; (b) was sealed by the victim following the victim, and (c) was sealed by the victim’s body under the galtho-gu, where the calth function was filled by the victim; and (d) was taken by the victim’s body under the galthro-gu, the 7th exit of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement with respect to C and F;

3. Police seizure records;

4. Application of the police investigation reporting Acts and subordinate statutes;

1. Relevant Article 14 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 electively (generally

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempt from an order to disclose registered information and an order to restrict employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the Defendant appears to have committed the instant crime under the influence of alcohol while he/she was aware of psychological signs, such as depression, appears to have committed the instant crime; the fact that he/she recognized his/her crime and repents his/her mistake; the fact that he/she compensates