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(영문) 부산지방법원 2015.12.21 2015고단6280
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Around 16:00 on July 14, 2015, the Defendant taken pictures of the head of a sexual relationship using a mobile phone without the victim’s consent while having sexual intercourse with “C hotel” in Busan-gu B, Busan-gu, with “C hotel” and the victim D (age 48).

2. At around 22:00 on July 19, 2015, the injured Defendant: (a) led the injured party’s hand to the F convenience store located in Busan Dong-gu, Busan with the aim of carrying the injured party’s hand in front of the F convenience store; (b) led the injured party’s hand with the intent of sexual intercourse; (c) but (d) as the said victim refuses to complete this, the injured party committed assault, i.e., taking the victim’s hand back, thereby causing approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. The results of analysis of digital evidence;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 257 (1) of the Criminal Act, and the choice of imprisonment with labor, respectively;

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

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender, the agreement with the victim, etc.);

1. Where part of the judgment on the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority under Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of the crime of this case, and the defendant's age, occupation, risk of recidivism.

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