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(영문) 부산지방법원 2017.05.18 2017고단1780
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 8, 2017, at around 17:0, the Defendant discovered a victim’s name influence, fluenced from the c “D” stairs located in Busan Jin-gu B, Busan, and then found the victim’s name influence by using his gallon 4 smartphone camera, and taken a video recording of the victim’s body fluor, etc. against the victim’s will, as indicated in the attached list of crimes, which could cause sexual humiliation or sense of shames over 19 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Responses to digital evidence analysis results, and the application of Acts and subordinate statutes on 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. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to once the punishment is imposed, taking into account that there is no other criminal record).

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, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

6. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, the Defendant is subject to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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