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(영문) 부산지방법원 2018.08.29 2018고단1580
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant taken, twice through the following devices with similar functions, another person’s body, which may cause sexual humiliation or shame, against his will, by using a camera or similar function, was taken by the Defendant, and the latter attempted once.

1. On September 23, 2017, at around 23:05, the Defendant entered the front section of the women’s toilets between the second floor and the third floor of the Seocho-gu Seoul Seocho-gu Seoul Building B, and opened its “Aphone 6” portable phone with its inner function inside the upper section above;

(a) photograph the body of a woman whose name is not known and whose name is not known in the side partitions, in motion picture;

B. In such a way as above, a woman’s body was taken as a motion picture with a woman’s body where another name, which is viewed as a melting side and melting sides, is unknown.

2. The Defendant attempted to photograph the body of the victim C (the age of 24) who is viewed as being melting and melting in the side partitions in the above time, time, and place by the above methods, but did not bring about an attempted attempt by the victim on the wind to identify the body.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against C;

3. Written statements of D;

4. Police seizure records;

5. The images recorded in the CD;

6. Application of the police investigation reporting Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Body photographing, such as a camera: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Optional to Penalty);

(b) A person who has attempted to photograph his body, such as a camera: Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of a punishment penalty);

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in subparagraph 1-b of the same Article concerning the heavier punishment and circumstances);

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. To order the disclosure of registered information; and

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