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(영문) 부산지방법원 2014.04.16 2014고단1160
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than five 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

On July 28, 2013, the Defendant: (a) around 19:00 on July 28, 2013, 2013, the Defendant: (b) around 19:00, in the Cpic female toilets located in Northern-gu, Busan, the Defendant decided to take a galthothical image of his Samsung Talthot mobile phone to view the toilets as seen in the toilets; (c) carried out a galthic image shooting function of the mobile phone; and (d) carried out a galthic image shooting function of the mobile phone; and (d) kept the victim D (the age of 47) on the same day after the cell was closed.

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

From October 28, 2013 to 00:30 on the same day, the Defendant: (a) from around 00:0 to around 00:30 on October 28, 2013, at the second female toilets of the F building located in Busan Northern-gu, Busan; (b) decided to take a studio for unspecified women who use toilets using his or her dynamic image function in the toilets; (c) operated the dynamic image function in the cell; (d) decided to take a studio of the cell phone; and (e) decided to take a studio of the victim G on October 28, 2013, at around 0:0:30 on the same day.

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

Summary of Evidence

"2014 Highest 1160"

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Police seizure records and list of seizure "2,014, 1386";

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Selection of each imprisonment with prison labor, taking into consideration the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, the fact that there is a previous conviction of a fine of the same kind, the place of taking photographs

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

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