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(영문) 부산지방법원 서부지원 2019.05.02 2018고단2092
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

[Attachment 10 months of imprisonment with prison labor for the crime Nos. 1 through 29 of the attached list of crimes in the judgment of the defendant, and Form 1 of the judgment.

Reasons

Punishment of the crime

[Criminal Power] On June 16, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for 4 months for public performance and obscene crimes, etc. at the Busan District Court, and the judgment became final and conclusive on June 24, 2016.

【Criminal Facts】

1. Around October 21, 2011, the Defendant taken photographs of another person’s body, such as a camera or other similar device with a similar function, from around 34 times until May 2017, using his mobile phone camera functions, which could cause sexual humiliation or sense of shame, from around October 21, 201, using his/her mobile phone camera function in an influorial guest room near the Seoul National University; and from around May 201, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or sense of shame, by using a camera or other similar device.

2. Around May 19, 2018, the Defendant engaged in obscenity by advertising a toilet door at the 1st male toilet at D University, Law School located in Busan, Busan, on May 19, 2018, with a view to enabling many and unspecified people to view his/her own sexual organ at the entrance, and exposing his/her sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Responses to the results of digital evidence analysis;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Relevant Articles concerning the facts constituting an offense and the selection of a sentence (the use of a camera and others, the choice of imprisonment), Article 245 of the Criminal Act;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) and the crime of public performance and obscenity for which judgment has become final and conclusive) of the Criminal

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

1. Confiscation Article 48 of the Criminal Act

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