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(영문) 부산지방법원 동부지원 2019.07.10 2019고단391
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 July 30, 2018, at around 11:29, the Defendant taken photographs of the body of victims who may cause sexual injury against the victim’s will against the victim’s sexual injury against the victim’s will during six times from June 22, 2018 to July 30, 2018, by inserting smartphone in the public escape room in the “D” restaurant where the Defendant working for the second floor in the Busan Shipping Daegu B, in the public escape room in the “D” restaurant. In addition, the Defendant taken photographs of the victim’s body that may cause sexual injury against the victim’s will, such as the written list of crimes, from June 22, 2018 to July 30, 2018.

2. At around 12:10 minutes of July 30, 2018, the Defendant: (a) discovered that a smartphone was installed in the store of “Dcafeteria”; (b) and (c) committed assault against the victim, such as putting the victim’s arms, cutting down the part less than the part lower than the part of the victim’s arms and cutting them over the floor, in the process of preventing the victim E from leaving the store of the store, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation, each protocol of seizure, each list of seizure, each digital evidence analysis report, investigation report (to peruse and analyze CCTV records about violence), investigation report (an investigation for identifying victims of additional camera photographs), investigation report (in relation to the specification of victims of the crime), investigation report (in relation to the specification of victims of the crime), investigation report (in relation to attachment of moving pictures), and investigation report (in relation

1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 260(1) of the Criminal Act (a) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18,

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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:

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