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(영문) 부산지방법원 서부지원 2019.02.22 2018고단2016
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 12, 2018, around 07:33, the Defendant taken the body of the victim against his will that could cause sexual humiliation or shame by photographing the body of the victim by using his cell phone camera function in the subway of Busan Urban Railroad No. 3, which had passed around Hongcheon Station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Application of the Act and subordinate statutes to the investigation report (the analysis of photographs restored from suspect cell phones);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, considering the favorable circumstances, such as the Defendant’s crime of this case with the reason of sentencing under Article 334(1) of the Provisional Payment Order, where the victim appears to have received a considerable sense of sexual humiliation and mental impulse, and the Defendant recognized the crime of this case and divided the Defendant’s depth, and the Defendant appears to have immediately deleted the above video, as well as favorable circumstances, such as the agreement with the victim, and the fact that the Defendant has no record of criminal punishment for the same kind of crime, the sentence as the order shall be determined by taking into account all of

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused is 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 competent agency

The defendant's age, occupation, family environment, social relationship, exemption from the disclosure order, notification order, and employment restriction order;

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