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(영문) 부산지방법원 2016.03.10 2016고단75
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On October 16, 2015, around 14:01, the Defendant indicated the instant facts charged in the following facts: “The Defendant’s cell phone flag is stored in the victim’s name unaffortable bridge,” but it is acknowledged by the evidence duly adopted and investigated by the court below.

The body part of the victim's body part, which may cause a sense of sexual shame, was taken against his will.

2. At around 16:21 on the same day, the Defendant stated the facts charged in the instant case as “the Defendant’s cell phone flag is included in the victim’s cell phone in the victim’s name unclaimed bridge between the victim’s cell phone and the victim’s cell phone.” However, this Court duly adopted and examined the facts charged by the evidence.

The body part of the victim's body part, which may cause a sense of sexual shame, was taken against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to a report of investigation (Attachment to a photograph of the cell phone images taken by the person under investigation);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, 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. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (Conversion of KRW 100,000 per day) to the detention of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the initial crime, reflectivity, and the defendant appears to have committed each of the crimes in this case by contingency, and the crime is arrested immediately after the crime as stated in Article 59(2) of the Criminal Code appears to have no additional damage, such as spreading each of the above videos, and the method of photographing them.

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