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(영문) 부산지방법원 2018.11.21 2018고단3809
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

On June 23, 2018, the Defendant, on June 23, 2018, taken a picture of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her arm's length function, following the passage of the D station located in the Southern-gu Busan Metropolitan City, Busan, on the side of the victim (the her her her her her her her her her her her

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with respect to the statement of the E (including the statement of the E);

3. Police seizure records;

4. Report on results of analysis of digital evidence;

5. Application of video-related Acts and subordinate statutes stored in each CD;

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;

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

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

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Comprehensively taking account of the various circumstances revealed in the records, such as the Defendant’s age, sex, occupation, environment, family relationship, etc., the benefit and preventive effect expected by an order to disclose the registered information, as well as the disadvantages and side effects that may be expected by an order to disclose the registered information, by taking account of the following factors: (a) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes; (b) Article 49(1) proviso of the Act on the Protection of Children from Sexual Abuse; and (c) Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (a) the Defendant appears to have committed the instant crime in a contingent impulse manner while drinking; (d) Article 8(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse; (e) recognition of the Defendant

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