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(영문) 부산지방법원 2018.08.10 2018고단2114
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2017, the Defendant provided physical photographing C (Woo, 19 years old) of a victim C (Woo, 19 years old) who was a female-child Gu located in Busan Dong-gu, Busan on April 26, 2017;

We sent a video image containing the form of sexual intercourse with the victim by a “E” message to the victim’s friendship D.

Accordingly, the defendant provided the body photographing of the victim who could cause sexual humiliation or shame against his will.

2. Around May 27, 2017, the Defendant: (a) committed an assault with the said victim at the same place as above; (b) committed an assault against the victim by breathing the breath’s breath and booming the victim’s breath, and assaulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by each police with regard to C;

3. A complaint;

4. Application of each statute of photography;

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

(a) The point of providing physical photographing objects: Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or the choice of imprisonment);

(b) The point of assault: Article 260 (1) of the Criminal Act (the choice of imprisonment);

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 (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the aggravated punishment for concurrent crimes by taking advantage of camera, etc.));

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Community Service or Order to attend a lecture.

5. There are various records, such as the Defendant’s age, sex, occupation, environment, and family relationship, under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Disclosure and Notice of Registered Information, the Punishment, etc. of Sexual Crimes Exempt from Employment Restriction Order, the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 50(1), and the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant appears to have committed a crime of providing the instant physical photographing while drinking, the Defendant was aware of his/her crime, and there is no record of punishment for sex crimes or other crimes, and the Defendant’s age, sex, occupation, environment, and family relationship.

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