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(영문) 부산지방법원 2019.08.12 2019고단2608
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2019, at around 19:45, the Defendant sought to photograph the body of a woman being melted in the toilets for common use of men and women located adjacent to “Cinging machine” located adjacent to the Busan East-gu, Busan-dong, the Defendant taken the cell phone image of the body of the victim D (Wing, 16 years of age) who is being melted through the toilet partitionss below the wall, and then sealed the body of the victim D (Wing, 16 years of age).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against the victim's will.

2. On April 11, 2019, the Defendant, at the same time and at the same time, taken video images of the body of the victim E (nive, 19 years of age) with the cell phone in the same manner as above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site photographs;

1. Amnesty photographs of the offender;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (field situations and accompanying evidence, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as camera, etc.) and the choice of imprisonment with prison labor for the crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

6. The conviction of each sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act is finalized.

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