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(영문) 부산지방법원 서부지원 2020.06.04 2019고단1724
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From April 2017, the Defendant came to death with the victim B (here, 18 years of age).

On January 2018, the Defendant: (a) taken the body part of the victim’s body in the front room of the Busan Jin-gu C department store in Busan Jin-gu, Busan, and (b) taken the body part of the victim’s body.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the victim's 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 relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The age, family environment, and social relationship of the defendant under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, records of the crime, and crimes;

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