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(영문) 부산지방법원 2017.07.10 2017고단2361
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:00 on August 2015, the Defendant taken photographs and videos against the Defendant’s will, as shown in the list of crimes attached to the crime, on a total of 59 times from the time until March 22, 2017, including taking photographs of the victim C’s chest and sound part of the victim C, who was engaged in using a smartphone camera in his/her own dwelling, located in the city of Changwon-si, 08:00, the Defendant taken photographs and videos against his/her will, as shown in the list of crimes attached hereto, which could cause a sense of sexual shame of many unspecified female victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. Application of statutes on records of seizure and lists of seizure;

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the wife of the person who suffered the largest degree of damage C is not subject to punishment, and that there

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

5. 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]

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

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