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(영문) 부산지방법원 서부지원 2020.05.22 2019고단2638
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant was the victim B(n, 46 years of age), and C was the victim B, and C was the victim B.

1. Around January 1, 2019, the Defendant, while drinking alcohol together with the victim D Buildings and E in Busan Northern-gu, and the victim B, was exempted from the lower body of the victim who was under influence of alcohol, and cut the victim’s conspiracy by using a single lack knife, and taken a photograph of the victim’s conspiracy using his mobile phone camera function.

Accordingly, the Defendant took a photograph of the body of the victim who could cause a sense of shame by committing an indecent act against the victim in a state of difficulty in drinking, and by using a camera or other similar mechanism.

2. At around 04:25 on May 24, 2019, the Defendant sent the Victim B’s Kakao Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao, which was installed on his cell phone, to the victim’s Kao Kao Kao Kao Kao Kao.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Records of seizure and the list of seizure;

1. Investigation report (related to attachment of photographs of the victim B after the suspect has transmitted them to the suspect);

1. Application of the provisions of Acts and subordinate statutes to investigative reports (the text message, the complainant's body photographs and the date of indecent act by compulsion);

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera), Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of providing photographs using a camera, etc.), the selection of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. The order of provisional payment;

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