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(영문) 부산지방법원 2019.01.30 2018고단4960
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant taken the body of another person against his will that may cause sexual humiliation or shame using a mechanical device with similar function four times as follows:

1. The Defendant,

A. On October 15, 2018, around 18:00 (in the indictment, stated on October 19, 2018, hereinafter “the indictment,” but it appears to have been made by mistake) the victim C (e.g., 24 years old) takes a photograph of his/her cell phone by putting his/her cell phone into a video, putting him/her his/her cell phone in the table of his/her clothes located in B of Busan Jung-gu, while playing the function of a croke in the croke, located in the croke, located in B of Busan Jung-gu;

B. On October 19, 2018, at the above location around 15:00, the victim taken the cryp of clothes in video with the aforementioned method;

C. On October 29, 2018, around 17:50, at the above place, the victim taken visual images of the body in which the victim took clothes in the above manner as above.

2. On October 29, 2018, around 15:30 on October 29, 2018, the Defendant taken pictures of the parts of the body part of the victim’s flamera using his cellular phone with the inner part of the body part of the victim’s flamera, after a female victim’s flamera, whose name cannot be known at the “E” restaurant located in the Busan YY

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement concerning C;

3. Police seizure records;

4. Report on results of analysis of digital evidence;

5. Application of video-related Acts and subordinate statutes stored in the CD;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

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

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. Registered information;

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