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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2014.08.13 2014고단5113
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 12, 2013, at around 17:37, the Defendant taken a dynamic image of the victim from his phone, following the victim D (V, 30 years of age) in the south-gu Escopic 4 U.S. located in Seocheon-gu, Busan, Seocheon-gu, Busan, and the victim D (V, 30 years of age).

2. On November 8, 2013, around 15:40, the Defendant taken a visual image of the victim’s body with his/her cell phone from the frontlight-dong No. 4 located in Seocheon-dong, Busan, Seocheon-gu, Busan, about 15:40 on Nov. 8, 2013.

3. On November 8, 2013, at around 15:51, the Defendant taken a dynamic image of the victim’s body with cell phones from the place indicated in the foregoing paragraph (2), and after the victim of an incurable female.

4. On November 8, 2013, at around 16:21, the Defendant taken a visual image of the victim with the cell phone from a location described in the foregoing paragraph (2), after the victim E (n, 17 years of age).

5. On February 2014, the Defendant discovered that, in G University’s neighboring male and female public toilets located in F of the Busan National University, female victims entered the partitions, and taken a photo of the victim from the cell phone through the space cresh below the partitions to view the boom.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame on five occasions by using the camera or other mechanical devices with similar functions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Statement of seizure of police ( dated 10, 2014);

1. A photograph of each CCTV course;

1. The results of digital evidence analysis;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Confiscation of the Criminal Act;

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