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(영문) 부산지방법원 2018.04.11 2018고단269
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant, by using the camera function of a smartphone, who followed a female victim, who was unable to know the name of his own, after suffering from the radius in Busan, the Busan, Seojin-gu C commercial building, and was in possession of the victim’s bridge and tur, in a video image, taken the victim’s bridge and tur.

In addition, the Defendant taken photographs against his will, from that time until August 18, 2017, the body of another person, which may cause sexual humiliation or sense of shame, using devices with similar functions, such as a camera or similar function, as shown in the attached list, from that time to time.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. Police seizure records;

4. Reports on results of digital evidence analysis (including CDs);

5. Application of each statute of photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

2. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in attached Table No. 137 with the largest punishment for concurrent crimes).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2 of the Criminal Act to observe an order to observe the protection; Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

6. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the degree of the victim’s body photographing appears not to be serious; (c) the victim’s body is recognized to commit a crime; and (d) there is no history of punishment for sex crimes or other crimes; and (e) the Defendant’s age, sex behavior, environment, family relationship, etc., the registered information against the Defendant.

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