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(영문) 부산지방법원 2017.08.30 2017고단3267
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

1. On January 31, 201, around 15:01, the Defendant: (a) taken the victim’s bucks under the victim’s bucks by operating a video shooting function of a A8 smartphone in his own Samsung galp, which was in possession of a female victim’s name in the subway “C Station” located in Busan-gu, Busan.

2. On January 31, 2017, the Defendant taken pictures of a woman’s body, which might cause a sense of sexual shame, using devices similar to the cameras, in which the Defendant taken pictures of a woman’s body against his will, on the part of the stairs leading up to the exit No. 7 of subway E station in Busan Suwon-gu, Busan, in the same manner as that of the victim F (n.e., age No. 22), following the victim F (n., age 22). Accordingly, the Defendant taken pictures of a woman’s body that could cause a sense of sexual humiliation using devices with similar functions as the cameras twice in total.

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes on photographic and obscenity video CDs by capturing a damaged dynamic images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras and photographing them

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. 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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, effectiveness of sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc.

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