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(영문) 부산지방법원 동부지원 2019.03.20 2018고단2460

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. The Defendant and the victim B (n, 22 years of age) of the motion picture are the years of age from November 2017 to May 2018. A.

On March 13, 2018, the Defendant taken the image of the Defendant and the victim out of clothes and sexually related to the Defendant, using the cell phone of the Defendant located in Busan Shipping Daegu C, and using the cell phone of the Defendant with the inside of the camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

B. On May 12, 2018, the Defendant, within the Busan Jung-gu Dambel E, taken the image of the Defendant and the victim’s sexual intercourse, using the Defendant’s mobile phone with the inside of the camera function, using the cell phone of the Defendant.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, etc. against his will.

2. The Defendant taken photographs, in a subway, etc., for unspecified women, such as fucks, bucks, etc. to photograph the fucks, bucks, etc. on September 15, 2017. Around September 15, 2017, the Defendant taken pictures of the victim’s bucks, etc. using the Defendant’s cell phone, following female victims in the name unfolded from the subway station located in Busan, using the Defendant’s cell phone. From that time to May 12, 2018, the Defendant taken pictures of the victim’s bucks, etc. on a total of seven occasions, as indicated in the list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera, etc. against their will.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (second time);

1. The police statement concerning B;

1. The application of each of the relevant statutes to voluntary submission, each protocol of seizure, and photographing CDs;

1. Relevant provisions concerning facts constituting an offense;