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(영문) 부산지방법원 서부지원 2017.12.13 2017고단1495
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 24, 2017, at around 17:11, the Defendant taken a physical part of the body that could cause a sense of sexual shame by photographing the part of the victim’s bucker’s bucket image function after a female who suffered a bucker in the city, C. C., 9 U.S., U.S., located in B, Busan, and 2017.

2. The Defendant, at the place described in paragraph 1 at around 20:08 on the same day, taken pictures against his will that may cause a sense of sexual shame, such as gathering smartphones into smartphones under the victim’s body body and shooting the flacing part, by cutting short flacing the flacing female with short flacing the flacing, discovering the flacing female, and then exposing the flacing female with smartphones under the victim’s body body.

3. The Defendant, at the place described in paragraph 1 at around 20:51 on the same day, taken pictures against his will that may cause a sense of sexual shame by inserting smartphones into the victim’s body and inserting smartphones into the body part below the victim’s body body body and photographing the boom part below the victim’s body body.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. The application of the investigation report (the application of the Act and subordinate statutes, such as attaching photographs of cellphone images taken by a suspect on his/her smartphone, etc., the confirmation of CCTV at 9 outing-gu, the place of crime, c. 9);

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Exemption from an order of disclosure and notification;

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