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Reasons
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(영문) 부산지방법원 2016.11.30 2016고단6301
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 21:00 on June 27, 2016, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Victims) against the Victim C, taken a dynamic image of a smartphone camera with the victim’s sexual intercourse with the victim in the same manner at the same place located in Busan Dong-gu, Busan, without knowledge of the victim C (n'e, 31 years of age) and with the victim C (n'e, e.g., the victim’s sexual intercourse with the victim, taken a dynamic image of the victim’s sexual intercourse with the victim in the direction of bed against the cremation, and taken a dynamic image of the victim in the same manner at around 07:00 of the following month.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. Around August 21, 2016, the Defendant taken pictures of the victim’s body parts, such as the victim’s bridge part, etc., that could cause sexual humiliation or sense of shame, using smartphone camera, which was approaching the victim’s name, in the G platform located in Busan City, from August 21, 2016, around 21:15, as indicated in [Attachment 3 to 46], from the time of taking pictures of the victim’s body parts with smartphone cameras for four times in total, including the victim’s body parts from No. 3 to No. 46 of [Attachment 20:41].

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, C, I, J, and K;

1. The records of seizure, the list of seizure, the results of digital evidence analysis, and the application of Acts and subordinate statutes to report on investigation;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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