logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.12.19 2018고단2081
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, on August 13, 2018, the Defendant taken photographs of victims against their will over 65 times in total from July 8, 2018 to August 13, 2018, such as taking photographs of the body parts of the victim F (n, 22 years of age) who was in change due to the use of the camera function located in the victim's mobile phone, using the victim's mobile phone function.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment, etc. of photographs), seizure records, and seizure lists;

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 for the crime;

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 an Order to attend a lecture or an order to provide community service;

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The circumstances favorable to the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act: The fact of the crime is recognized and reflected; the first offense is committed against many unspecified victims; the number of times of the crime is high; the victims did not receive any letter from the victims; and other circumstances: in case where a conviction on the crime of this case is finalized against the defendant who is obliged to register and submit personal information, such as body parts, the defendant's age, sexual conduct, environment, etc., the defendant is 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; thus, the defendant is a person subject to registration of personal information under Article 43 of the same Act.

arrow