(영문) 부산지방법원 2018.03.26 2017고단6039

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(영문) 부산지방법원 2018.03.26 2017고단6039

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 15:59 on October 25, 2017, the Defendant: (a) divided the video camera of mobile phone camera into the Defendant’s home page, and opened a video camera of mobile phone camera on his/her home page; (b) taken the body of the victim, who is aware of the fact, taken the body of his/her clothes in order to take a photograph of the 2nd floor of “D” located in Busan Jung-gu, Busan (hereinafter “D”); and (c) taken the body of the victim, who is aware of the fact, taken the body of his/her clothes.

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

On June 2017, 2017, the Defendant: (a) opened a video camera of a mobile camera on the part of the Defendant’s home page, and opened a video camera on the front of the front of the front of the front of the front of the second floor of “D” located in Busan Jung-gu, Busan, in order to take a picture of the victim F (V, 24 years of age) (hereinafter “D”); (b) opened a video camera of the mobile camera on the part of the Defendant’s home page; and (c) opened the video into the front of the front of the front of the front of the front of the video; and (d) taken the victim who may know of the fact.

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

Summary of Evidence

"2017 Highest 6039"

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. A report on the results of analysis of digital evidence "2018 Highest 97";

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

3. Article 62(1) of the Criminal Act on the suspension of execution (Article 62(1) of the Criminal Act (in light of the place of crime and the method of crime, the liability for the crime is not

However, the execution of imprisonment is suspended in consideration of the fact that there is no criminal history, and that there is an agreement with the victim E, but it is intended to order lectures and community service for a considerable period of time.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제1항

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