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(영문) 부산지방법원 서부지원 2019.09.04 2019고단185
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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. Around 04:00 on October 21, 2018, the Defendant taken photographs and videos of the body of the victim C (one name, half, 21 years old) who takes a shower by using a mobile phone camera function in the heading room located in the Seocho-gu Busan Metropolitan City Burmo, using a mobile phone camera function.

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

2. On November 14, 2018, the Defendant, at around 09:40 on the display of photographs, registered the victim’s bathographic photo on his account (F), by accessing the E mobile display system at a company office located in Masan-si, Changwon-si, Changwon-si, Seoul.

Accordingly, the Defendant displayed photographs taken against the victim’s will openly by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs of mobile phones;

1. The term "paragraph (2)" among the applicable provisions of Acts stated in the indictment for the relevant criminal facts appears to be clerical error;

Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Public disclosure and notification orders, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restrictions Orders, the age, history, risk of recidivism, the background and method of committing the instant crime, disclosure and notification orders, and sexual crimes that may be achieved by such orders.

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