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(영문) 부산지방법원 2016.01.28 2015고단7399
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

On September 13, 2015, at around 20:44, the Defendant: (a) taken a woman’s body, which is viewed as being melted, for the purpose of meeting the victim’s sexual desire by taking the body of the 2nd floor located in Busan Shodong-gu B; (b) taken the victim’s body into the victim’s toilet for the purpose of meeting the victim’s sexual desire; and (c) entered the victim’s body following the victim’s entrance into the victim’s toilet room; and (d) taken the victim’s body, who was in possession of the victim’s cell camera, reported the change to his cell phone camera.

Accordingly, the defendant intruded into public places for the purpose of meeting his sexual desire, and taken the body of another person who may cause sexual humiliation or shame by using a camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on results of digital evidence analysis;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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. Article 70(1) and Article 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. Where a judgment on the registration of personal information under Article 48(1) of the Confiscation Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects.

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