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(영문) 부산지방법원 2018.10.24 2018고단2758
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2017, at around 23:30, the Defendant: (a) entered the toilets located on the 1st floor of the Busan District Office C building in Busan District; (b) the victim D (n, 18 years old); (c) entered the partitions into to see this side; and (d) taken the victim’s body body to see the victim’s own Samsung galle, with the inner function as a camera on the side; and (b) the victim’s body to see the victim’s gallon, with the inner function on the side.

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

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. Police seizure records;

4. Presentations of results of analysis of digital evidence;

5. The application of the Acts and subordinate statutes to police investigation reports and internal investigation reports;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

3. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

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

5. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant appears to have committed the instant crime in this case in a sudden fashion while drinking alcohol; (c) the Defendant was likely to have committed the instant crime in a sudden manner; (d) recognizing his/her criminal act; (e) there was no history of punishment for sexual crimes; and (e) there was no history of punishment for sexual crimes; and (e) taking account of the profits and preventive effects expected by an order to disclose registered information to the Defendant; and (e) disadvantages and side effects therefrom.

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