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(영문) 부산지방법원 2014.02.05 2013고단8162
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

1. On August 5, 2013, at around 12:30, the Defendant: (a) discovered a woman on the name-free statement who was going up with a short end in the Busan Jin-gu, Busan; and (b) followed by the Defendant’s cell phone camera, taken a video image to show the buckbucks, inner clothes, etc. of the said woman; and (c) taken the body of another person who may cause sexual humiliation or sense of shame against his will, by using the Defendant’s cell phone camera, to take the image so that the bucks, inner clothes, etc. can be seen.

2. On October 19, 2013, at around 10:05, the Defendant taken a screen image to show the part of the victim’s am, which might cause sexual humiliation or sense of shame, and taken the body of another person against his will, on the ground that the victim C (n, 21 years of age) was able to see 3 partitionss, and the victim’s am, who was her am, with the mobile phone device of the Defendant with the camera function, was her am, etc., in the Busan Urban Railroad No. 3rd Station located in the Busan Urban Railroad No. 2-dong, Busan Urban Railroad No. 2-dong, Busan Urban Railroad No. 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure, list of seizure, voluntary submission, and photographs of seized articles;

1. Application of Acts and subordinate statutes to each investigation report (afixture, attachment of photograph of the criminal scene, attachment of photograph of evidence, etc.);

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

1. Selection of each sentence of a fine for choosing punishment (i.e., reflectiveness, absence of criminal records, and solid balance between families);

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 against Order to attend lectures;

1. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the relevant agency is in accordance with Article 43 of

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