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(영문) 울산지방법원 2015.01.08 2014고단2943

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

Defendant

From around 13:09 on July 31, 2014 to 13:12 on the same day, the body of the other party was taken against his will by photographing a total of five women who suffered from the damage, such as a telegraph, chest, and lower portion of the victim C (the 33 years old), who had been carrying a sandy funeral, using a cell phone located in the back of the 6 Bamera owned by the Defendant at the sandy beach located in Busan Metropolitan City, from around 13:09 to 13:19 on the same day, and taking photographs of the victim C (the 33 years old), who was carrying a sandy funeral, such as the telegraph, chest, and lower portion, from around 12:49 on July 31, 2014 to 13:19 on the same day, thereby causing a sense of sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The list of seizure and the protocol of seizure;

1. Application of Acts and subordinate statutes governing evidence collection of mobile phones;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. The circumstances of the order of provisional payment are heavy, such as the fact that a female’s photograph taken out during a short time during a break time is made to the victimized female, and the victims’ damage has not been recovered.

However, a reasonable amount of fine shall be selected in consideration of the fact that the defendant reflects the mistake and does not violate the law of the Republic of Korea in the future.

Since it is recognized that the risk of recidivism is reasonable, the order to complete the sexual assault treatment program is added.

Registration of Personal Information

1. Judgment of conviction on the facts constituting an offense to be submitted.