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(영문) 부산지방법원 2015.01.21 2014고단9452
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for 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. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took visual images of the victim D (the age of 25), who is an employee, by attaching a “brumermera” to the wall of the said company’s toilet from July 22, 2014 to July 24, 2014, as a person operating C, which is a motor vehicle parts company, in Gangseo-gu Busan Metropolitan Government, and attaching the “brumera” to the wall of the said company’s toilet from July 22, 2014.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On March 1, 2014, around 15:00 on the first and second anniversary of the date, the Defendant met the Victim’s shoulder and arms in the second floor office of the above company.

B. On April 2014, the Defendant was released from the second floor office of the above company at around 11:00, on the date of the mid-term 2014, and the Defendant was released from the victim’s shoulder and arms after the victim’s own end.

C. On June 17, 2014, at around 17:00, the Defendant: (a) on the front side of the foregoing company, the Defendant was on board the vehicle with the victim; (b) was seated on the front seat of the vehicle and was driving the vehicle; (c) caused the victim’s body by fasting the body to the victim who was seated on the front seat of the vehicle.

Accordingly, the defendant committed indecent acts by force on the part of the victim under supervision over three times of work.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Police seizure records;

1. Storage CDs, such as field photographs and digital evidence analysis results, and videos of victims away;

1. Application of Acts and subordinate statutes to an investigation report (a summary of statement by telephone of the victim);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

1. The Criminal Act among concurrent crimes.

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