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(영문) 부산지방법원 2016.12.08 2016고단4750
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant became aware of the victim (the age of 26) while doing real estate brokerage work as a broker assistant in the "D Real Estate" located in Busan-gu, Busan-do.

At around 02:30 on January 10, 2016, the Defendant taken the body of the victim who might cause sexual humiliation or shame against the victim’s will, by taking a camera function of a mobile phone, in a breath where the victim under the influence of alcohol with the victim under the influence of alcohol after drinking, and by taking the above burging the victim into the burg with the victim, and by taking the burgical part of the victim, the victim’s body was taken by using the burg function of the cellular phone in order to take the burgical part of the victim, and the burging part of the burging part of the burth and the burging part of the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes of photographic (Evidence No. 15);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that there is no record of punishment for the same kind of crime, the fact that the video recorded by the defendant appears not to have been disseminated, and the fact that one million won is deposited for the victim, etc.);

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 in accordance with Article 48(1) of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order shall be disadvantageous to the defendant.

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