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(영문) 부산지방법원 2018.11.12 2018고단4311
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 29, 2018, the Defendant taken a picture on July 14:56, 2018, on the two stations of Busan subway No. 1, in Busan subway No. 1, the bridge side of the victim C (V, 19 years old) who had a bridged the function of his mobile phone camera, following the Defendant her mobile phone camera functiond, against the will of the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of an alternative fine (no criminal history exists, and the degree of causing a sense of shame in light of the content of photographs;

Considering the fact that cannot be seen)

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

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

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, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

[Determination]

6. Article 48 (1) 1 of the Criminal Act to be confiscated;

7. To register and submit the personal information of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.

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