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(영문) 부산지방법원 동부지원 2019.01.23 2018고단2269
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On September 22, 2018, the Defendant taken a picture on eight occasions in total, as shown in the list of crimes, of women’s legs, from around May 14, 2018 to September 22, 2018, including the Defendant’s cell camera, in the subway, the part of the bridge part of the damaged women’s bridge, which was seated with the nitrok, i.e., the Defendant’s cell camera, which was located in the subway (hereinafter referred to as the “unclaimed area”), located in Busan, around 22:04, the Defendant taken eight times in total.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. The application of photographs, etc., photographs of damage, investigation reports (Correction of facts), and Acts and subordinate statutes on criminal investigation reports;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of punishment.

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend Courses;

1. Circumstances that are favorable to the reasons for sentencing under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse: Criminal facts are recognized and reflected, the primary offender is the crime committed against many unspecified victims, and the fact that the victims did not receive a letter: In cases where a conviction on the criminal facts of this case against the defendant who is obligated to register and submit personal information of this case is finalized, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the personal information is submitted to the head of a related agency pursuant to Article 43 of the same Act.

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