logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.25 2015고단6549
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 6549] On July 29, 2015, the Defendant, using the cell phone apparatus installed in the second column of the entrance of women's toilets located in 248, 248, 7-6, Busan, Busan, the second column of the entrance of women's toilets located in the 2nd floor of Busan, the Defendant taken the body parts of the body body of the victim, which could cause a sense of sexual humiliation, against his will, by video recording a gate, where the victim B (here, 27 years of age) deviates from the lower part of the body body of the victim, which could cause a sense of sexual shame.

[2015 Highest 6880]

1. On August 30, 2014, at around 02:18, the Defendant: (a) administered alcohol with one female victim in the name of the Plaintiff at “Dmoto” room located in Kimhae-si C; and (b) taken the body of the victim by drinking alcohol with one female victim in the name of the Plaintiff at the so-called “Dmoton” room; and (c) taken the body of the victim at around 39 seconds via a cell phone camera in which the victim was locked.

Accordingly, the defendant taken a photograph against his will against another person's body, which could cause sexual humiliation or shame by using a mobile phone camera.

2. On October 18, 2014, the Defendant, at around 22:11, taken two-thirds of the body of the victim using a mobile phone camera in possession of the victim F (n, 21 years of age), who discovered the victim’s body from the window of the bath room in Busan Dong-gu, to shower from the bath room.

Accordingly, the defendant taken a photograph against his will against another person's body, which could cause sexual humiliation or shame by using a mobile phone camera.

Summary of Evidence

[2015 Highest 6549]

1. Defendant's legal statement;

1. The police statement concerning B;

1. The police seizure record and the list of seizure;

1. Each photograph (2015 Highest 6880);

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (investigation of specific victims, intent to punish them, etc., and reporting on seizure motion images verification);

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor;

1. Article 37 of the Criminal Code among concurrent crimes.

arrow