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(영문) 부산지방법원 2020.06.01 2020고단903
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 14:00 on April 2019, the Defendant taken the body of the victim three times as shown in the list of crimes in the annexed sheet from July 2019, including the Defendant’s cell equipment, which had the rear appearance of the victim C (Y, 29 years of age) who hangs from the Defendant’s house located in the Dong-gu Busan Metropolitan City, with clothes only from the Defendant’s house located in the Defendant’s house located in the Dong-gu, Busan Metropolitan City, and takes the body of the victim.

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

No one shall intrude into an information and communications network without access authority or beyond the permitted access authority without any justifiable ground.

Nevertheless, around 09:50 on July 2, 2019, the Defendant sent 22 of the Defendant’s cell phone (F) using a password where the victim C, who had been in his/her own residence, had been aware of a crepan in advance, was released from a locker and connected to the photographer and sent 22 photo files in his/her custody to the Defendant’s cell phone (F) by using a secret number which he/she had been aware of the crepan in advance.

Accordingly, the Defendant infringed on the information and communication network without access authority.

Summary of Evidence

"200 Highest 903"

1. Statement by the defendant in this court;

1. Statement and entry of C in each police statement;

1. Videos of the body photographs of victims "20, 1448";

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes to C of the statement in the police statement;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) (which is the case of photographing each camera, etc.), and Article 14(1) of the Information and Communications Network Utilization and Information Protection Act, etc.

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