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(영문) 부산지방법원 2018.05.16 2018고단61
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. The defendant shall be punished by imprisonment with prison labor for eight 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

On September 23, 2017, at the guest room of 'E' located in Busanjin-gu, Busan, around 07:37, the defendant set up his 'E' on his own gallon ju (S. 7) cellphone, taken the image of his sexual relationship with the victim F (S. 23 years old) by using a video recording function stored in his gallon, and taken the image of his body as a dynamic image.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with regard to F;

3. Police seizure records;

4. Application of Acts and subordinate statutes to response results from digital evidence analysis;

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

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

3. Article 62-2 of the Criminal Act to observe an order to observe the protection; Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

5. Taking full account of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes: (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; (d) there is no history of punishment for a sex crime or other crime; (e) the young who reached the age 26 is expected to improve his/her personality and conduct in the future; and (e) other various records, such as the character, conduct, occupation, environment, and family relationship of the Defendant, the disclosure or notification order of the

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