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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2013.06.05 2013고단1386
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall photograph the body of another person against his/her will, using a camera or any other mechanical device equipped with the similar function, which may cause sexual humiliation or sense of shame;

A. On May 6, 2011, around May 21, 201, the Defendant took a shower image against the victim’s will, taking advantage of the cell phone in front of the Defendant’s house located outside Busan Southern-gu, Busan-gu, the victim D (n, 8 years of age) who could cause sexual humiliation or shame by using a cell phone located outside of the home of the Defendant’s house located outside Busan-gu, and the victim D (n, 8 years of age).

B. Around July 16, 2011, the Defendant, at around 20:00 on July 16, 201, taken a shower image against the victim’s will, on the other hand, the victim E (e.g., 7 years of age) who might cause sexual humiliation or shame by using a cell phone held in advance at the same place as the above paragraph 1.

2. On November 25, 2012, around 22:40, the Defendant entering a structure: (a) when women’s toilets located in the G subway station located in Busan Summer-gu F, the Defendant came into the first square of the said toilet in order to see that women’s strings are melting or photographing the strings; (b) the victim H (V, 49 years of age) sees the strings from the side square; and (c) when sees the strings from the side square, the Defendant was tight off with the strings to the structures managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and Article 319 (1) of the Criminal Act against the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (the serious reflectiveness, victims' letter, initial crime, etc.);

1. Confiscation Article 48 of the Criminal Act

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