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(영문) 부산지방법원 2018.01.08 2017고단5602
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 24, 2017, around 18:35, the Defendant discovered the Victim C (the 23 years of age), followed the victim, and used the Defendant’s mobile phone camera function, taken the body of the victims, including but not limited to bucks, bucks, sucks, and shots, etc. of the victim, and taken the body of the victims who might cause sexual humiliation or shame by photographing 65 body parts from July 2, 2017 to July 24, 2017, as described in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of an alternative fine (at least the number of shootings, but there is no criminal history, and most of shootings taken by a woman who has passed the street, and the degree of such selection is significant;

Punishment as a fine in consideration of the fact that it is difficult to see)

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes after Completion of a sexual assault treatment program;

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

6. Article 48 (1) 1 of the Criminal Act to be confiscated;

7. Article 334 of the Criminal Procedure Act of the Provisional Payment Order.

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