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(영문) 부산지방법원 2020.02.03 2019고단5878
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant first got the victim D through Hunting at the Busan Jin-gu C drinking House located in Busan Jin-gu, which became the victim D (one person).

On October 16, 2019, at around 07:39, the Defendant: (a) reported the victim, who was under the influence of alcohol in Busan Embhere Emb F, and used his/her photographic photographic function of 8 of his/her mobile phone photophone, taken the victim’s sound part of the victim’s sound part of the victim’s cell phone, and transmitted the photograph taken as above in the mobile phone text to friendly G.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, and provided it to others.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Photographs, CDs;

1. 112 Reporting case handling table; and

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation report ( listening to G telephone statement in which photographs are transmitted);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of each fine;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of 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 and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act.

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

7. Where a conviction becomes final and conclusive with respect to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Judgment that is a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused shall be subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of

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