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(영문) 부산지방법원 서부지원 2017.11.16 2017고단1130
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 14, 2017, at around 22:45, the Defendant discovered that women suffering from verification color fluor in the exit No. 2 located in the B of Busan Northern District No. 3, 2017, who are suffering from verification color flusing on Escopers and sought to take the fluor of the said women’s fluor, following the following women’s behind the said women, taken bucks, etc. of the said women’s bucks, etc. under the influence of the said women’s bucks, etc., and taken five times in total, such as the list of crimes in the attached Table.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on the restoration of the victim's mobile phone or the photographic images of the suspect's mobile phone restoration;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and Article 49(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Juveniles against Sexual Abuse, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

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