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(영문) 부산지방법원 2017.09.11 2017고단3717
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On 05:32 on 09. 04. 05:32, the Defendant discovered the victim F who has danced with his mobile phone (S7) in his mobile phone (gallon ju, jum jum jum, using his cellular phone) and discovered the victim F who has danced with his own cell phone (gallon jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum, and taken one minute of video image so that the victim’s body, such as his m

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera attached to the mobile phone against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Application of the Acts and subordinate statutes on closure photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

2. Fine of 2,00,000 won to be suspended; and

3. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. 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]

5. Where a judgment of conviction becomes final and conclusive on the crime to be registered and submitted with respect to Article 59(1) of the Criminal Act (such as the absence of criminal records, and the content of taken pictures are difficult to be deemed to cause a sense of shame of a victim) of the suspended sentence, 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.

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