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(영문) 부산지방법원 2019.07.22 2019고단1726
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 1, 2019, the Defendant took visual images of the victim’s body 8 smartphones, following the victim D (n, 18 years of age) suffering from taba, who was in possession of taba while moving from 1 lines to 4 lines in the C subway Station located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mechanical devices such as carmeras against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Other closure photographs;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of criminal video files);

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. Where a conviction becomes final and conclusive in regard to the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive for the crime of this case, method and result of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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