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(영문) 부산지방법원 2019.02.20 2018고단5746
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 22, 2018, at around 23:10, the Defendant taken the body body of the victim with galthothothothothothothothothothothothhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

In addition, during the period from May 2018 to October 22, 2018, the Defendant taken photographs of another person’s body against his/her will using devices with similar functions, such as a camera or similar function, which may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement made to D and E;

3. Police seizure records;

4. Report on results of analysis of digital evidence;

5. Each photograph;

6. Application of the police investigation reporting Acts and subordinate statutes;

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

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

3. Article 62 (1) of the Criminal Act;

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

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. The fact that the defendant, who has been aware of mental and psychological elements, such as Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, appears to have committed each of the crimes of this case in a dynamic manner, is recognized as a whole, and is trying to prevent recidivism, such as committing a mistake, receiving a mental and medical treatment after the fact that he/she has no record of being punished for a sex crime.

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