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(영문) 부산지방법원 2018.03.08 2017고단6266
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

From October 27, 2017 to October 27, 2018:18:39, the Defendant, in the vicinity of the C Underground Commercial Building located in Busan District, reported that female victims in the name-free will walk by using a short fluorial camera, taken a video image of the victim’s fluor, using the Defendant’s smartphone camera, and from August 2017 to October 27, 2017, the Defendant taken the fluoral of the victimized female’s legs, fluor, etc. on a total of nine occasions, as shown in the attached list of crimes.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to digital evidence analysis results;

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. Suspension of execution under Article 62 (1) of the Criminal Act (the suspension of execution of imprisonment shall be imposed, in consideration of the fact that there is no record of crime, any record of crime, deletion of it after shooting, etc., on the condition that the sentence of imprisonment is to be imposed, and taking lectures for the treatment of sexual assault and providing community service for a considerable period of time);

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an order to attend a lecture or community service

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, profits and preventive effects expected due to the order to disclose or notify, and disadvantages and side effects resulting therefrom, etc.

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