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(영문) 부산지방법원 동부지원 2018.03.14 2017고단2712
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 5, 2017, the Defendant: (a) around 06:29, and around 06:29, the Defendant: (b) reported that the female victim was suffering from panty only after showering out of the window of the 1studio 1st century; and (c) taken the image of the video with the cell phone in possession.

The Defendant taken the body of the victim, who may cause sexual humiliation or shame, using the cellular phone with the function of the camera as above, against his will.

2. On September 7, 2017, at around 21:50, the Defendant: (a) taken a video image of the aforementioned cell phone with a panty panty, putting together the victim C (at the age of 26) over the window outside of the window studio 1, 2017, and putting the victim C (at the age of 26) into panty.

The Defendant taken the body of the victim, who may cause sexual humiliation or shame, using the cellular phone with the function of the camera as above, against his will.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Seizure records;

1. Application of the investigation report (related to the confirmation of dynamic images stored in the suspect's mobile phone), investigation report (related to photographs of the suspect's mobile phone);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes concerning the facts constituting an offense;

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. 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses (the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, order to disclose, and order.

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