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(영문) 부산지방법원 2019.11.28 2019고단4881
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not less than six months.

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

Reasons

Punishment of the crime

1. On April 18, 2019, around 18:00, the Defendant: (a) followed the victim’s name unexploited who was on the part of the exit of “C” the urban railroad of YY-gu, Busan, and boarded the victim’s bridge part against the victim’s will; and (b) taken the video image of the victim’s bridge part by mobile phone camera against the victim’s will.

2. On May 1, 2019, the Defendant, at the same place as Paragraph 1, at the beginning of 18:00, followed by the victim’s name influencing an escalator, she was going to the back of his/her name and influencing him/her, and taken a video image of the victim’s hair with a cell phone camera against the victim’s will.

3. On May 19, 2019, at around 19:00, the Defendant: (a) followed the victim’s name in the “E Station” of the Busan Seo-gu Ma urban railroad; (b) followed the victim’s name influencing the fluor by taking the fluor; and (c) taken the fluor of the victim’s fluor in mobile phone camera against the victim’s will.

4. On May 25, 2019, at around 21:45, the Defendant took visual images against the victim’s will, at the exit No. 10, the urban railroad “F Station” located in the Dong-gu Busan Metropolitan City, following the victim G (n, 28 years of age), going up with the tama and going up with the stairs, and the victim’s bridge part, etc. was taken by mobile phone camera against the victim’s will.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Requests for digital evidence analysis;

1. A report on the analysis of digital evidence;

1. A criminal investigation report (to attach screen pictures and CDs taken by a suspect to victims from an accident);

1. Application of Acts and subordinate statutes on seizure records;

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

2. The former part of Article 37 of the Criminal Code among concurrent crimes.

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