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(영문) 부산지방법원 2018.02.07 2017고단5936
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 14, 2017, at around 14:48, the Defendant taken eight times against his will, in front of the telegraph, including the parts of the body, which may cause sexual humiliation or sense of shame, a female victim’s sexual humiliation or sense of shame, and whose name could not be known by using his own telephone camera inside the D cafeteria located in Busan Gold-gu C.

2. On May 24, 2017, at around 09:08, the Defendant taken 28 times against his/her will the front, rear, and side flag of a telegraph, including the parts of the body, which may cause sexual humiliation or shame of the victim G (the age of 21) who was suffering from a short half of his/her own telephone inside the F Office building located in Gangseo-gu Busan Metropolitan Government, by using the camera installed in his/her portable phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Written statements of J and K;

1. Protocols of seizure (voluntary submission), list of seizure, each investigation report (Evidence Nos. 4, 7, and 8 of the evidence list), response to digital evidence analysis results, application of statutes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The defendant is exempted from the disclosure order or notification order due to his age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order.

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