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(영문) 부산지방법원 2018.05.16 2018고단972
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Punishment of the crime

On October 1, 2017, at around 08:15, the Defendant taken a picture of 12 victims against their will to feel sexual humiliations or humiliations by using the mobile camera function in the train operated in the direction of discharge from the subway line No. 1 located in the city of Busan, Busan, the center of which is located in the center (attached Form No. 1) of the victim B (the age of 34) who sits in their own seat on the bridge (the age of 34). From August 1, 2017 to October 1, 2017, the Defendant taken a picture of 12 victims using the same method as the “crime list” in the attached Form No. 127, supra, from around August 1, 2017 to around October 1, 2017. The Defendant taken the victim’s body over 12 times, thereby causing sexual humiliations or humiliations with similar functions.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against B;

3. Police seizure records;

4. Report on results of analysis of digital evidence;

5. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in attached Table No. 6 of the largest list of concurrent crimes).

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

4. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the degree of photographing the victims’ body appears not to be serious; the victim’s body is recognized; the victim’s body is recognized; the victim’s mistake is divided; the victim has no record of being punished for sex crimes or other crimes; and the Defendant’s age, sex behavior, occupation, environment;

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