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(영문) 부산지방법원 2019.10.14 2019고단3862
공연음란등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A public performance and obscenity Defendant returned to the market at approximately three minutes after being exposed to the Defendant’s sexual organ to the outside of the place of the Defendant’s sexual organ, while going through a large number of unspecified people on April 15, 2019, the wife population B around 03:30.

2. On February 4, 2019, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerasia, etc.) taken video images on seven occasions, on the following occasions: (a) around 19:10 to 20:59; (b) around the Busan East-si C; (c) “D,” a number of victims’ names and incompetantss on a galtholog of the Defendant’s cell phone

In addition, from that time until April 14, 2019, the Defendant taken a total of 23 times, such as the list of crimes in the attached Form.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and E;

1. 112. List of reported cases;

1. gallon photographs of Defendant mobile phones;

1. A report on the analysis of digital evidence;

1. The original video CD in A crime sight;

1. Application of the statutes on warrant of search, seizure and inspection;

1. Relevant provisions of the Criminal Act, Article 245 of the Criminal Act, the choice of punishment against the crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereafter referred to as "public performance and obscenity"), and the choice of imprisonment with prison labor;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes prescribed by the Act on Special Cases concerning the Punishment, etc., of Sexual Crimes (ameras, Use and Screening of Cameras, etc.) from among concurrent crimes]

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

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

5. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to restrict employment;

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