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(영문) 부산지방법원 동부지원 2015.02.04 2014고단2355
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From June 2014 to October 9 of the same year, the Defendant had a relationship with the victim B (here, 19 years of age).

On August 8, 2014, the Defendant taken four videos and photographs from the Defendant’s home located in Busan High-gu, Busan High-gu, on the part of the Defendant’s cell phone camera function as the victim’s cell phone camera function in Busan High-gu. On two occasions, the Defendant used the victim’s cell phone camera function in order to fill out the victim’s chest, el, sexual part, etc. during the same month. On two occasions during the victim’s home located in the same month, the Defendant used the victim’s cell phone camera function as the victim’s cell phone camera function in the same month, and taken the video twice to fill out the victim’s chest, am, and sexual part. On October 8, 2010 of the same year, the Defendant used the victim’s cell phone function as the victim’s cell phone camera function in a sexual relationship with the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Considering the grounds for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, there is a need to strictly punish the Defendant.

However, the defendant's mistake is divided into the first offense, the defendant complained of the defendant's wife by agreement with the victim, and the age, character and conduct and environment of the defendant, as well as the motive of the crime.

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