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(영문) 부산지방법원 동부지원 2018.04.04 2017고단2741
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

On October 18, 2017, around 21:18, the Defendant taken the image of the victim D (V, 64 years of age) who reported a meltion in the side partitions using a mobile phone of the Defendant, the Kameras photographic function of which is fixed, in the second floor of the Busan Shipping Daegu Building, Busan Metropolitan City, and using the Defendant’s mobile phone in which the Kameras photographic function is located.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (written replys to written reports as a result of digital evidence analysis);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is to have taken the image of female melting women in female toilets, and it seems that the shock and sense of shame of the victimized women is high.

However, the defendant is the first offender, the confession and reflective attitude of the crime of this case, the victim does not want the punishment of the defendant, and the defendant stored or used the photograph separately or in another place.

The punishment as ordered shall be determined by taking into account the fact that there is no evidence to be viewed and the circumstances of Article 51 of the Criminal Act.

Where a conviction on the crime of this case becomes final and conclusive against the defendant who shall file for the registration of personal information and the submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a related agency pursuant

The age of the defendant exempted from the disclosure order or notification order,

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