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(영문) 부산지방법원 동부지원 2017.10.27 2017고단2041
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 12, 2017, around 09:20, the Defendant: (a) connected the Defendant’s cell phone of the Defendant located in the Nam-gu Busan building No. 207; (b) connected the Defendant’s cell phone with the cell phone of the Defendant located in the camera in order to take a shower in the toilet in order for the Victim C (n, 206) residing in the above building No. 206 to take a shower from the toilet; and (c) attempted to take a shower door of the Victim’s cell door outside of the main toilet set forth in the above 207, and tried to take a shower door of the Victim’s cell door outside of the main toilet set forth in the above 207, but failed to bring the victim’s shower door

Accordingly, the defendant tried to photograph the shower of the victim who could cause a sense of sexual shame against his will, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (in the event of an investigation into a suspect, specific suspect, and the scene of damage), a report on investigation (on-site photographs and photographs of accelerators);

1. Application of Acts and subordinate statutes of subparagraphs 1 and 2, which have been seized;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

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

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

The fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other benefits and effects expected by the Defendant’s age, family relationship, the process and process of committing the instant crime, and the disclosure order and notification order, as well as the consequences therefrom.

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