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(영문) 부산지방법원 동부지원 2019.11.29 2019고단1675
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On May 5, 2019, around 02:32, the Defendant, on the part of the victim, taken three times against the victim’s will, using the Defendant’s mobile phone camera, in the name and the name in which he reported the meltion in the C cafeteria toilet located in Suwon-gu, Busan, the Defendant, on May 5, 2019.

2. At around 02:00 on May 12, 2019, the Defendant attempted to take the image of the victim D (the age of 26) against the victim’s will in the same manner as that described in paragraph (1) at the place described in paragraph (1), but failed to take the image of the victim D (the age of 26) against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (field status, etc.), each seizure record, each seizure list, each investigation report (on-site CCTV and photographs attached), electronic information (four copies of photographs) seized by a suspect;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Crime, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that a person intends to take a photograph by using a mobile phone) and the choice of imprisonment for the crime;

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;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Circumstances favorable to the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act: The circumstances in which the photographed image is stored or distributed in another place are not visible: The defendant has the record of being suspended from indictment for the same crime; and the victims.

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