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(영문) 부산지방법원 2018.05.30 2017고단1268 (1)
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On February 23, 2015, the Defendant, at the guest room of a woman in which it is impossible to know the trade name in the Busan-gu Busan-do, Busan-do, the Defendant took a photograph of the body of a female victim whose name is unknown due to the influence of the fluence while being under the influence of alcohol.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

Summary of Evidence

1. A protocol concerning the examination of each police officer over the defendant and B;

2. Application of Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

2. 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. The reason for sentencing in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the degree of the victim’s body is likely to be serious; (c) the investigative agency recognizes the victim’s body and took an attitude of misunderstanding the victim’s body; (d) there is no record of punishment for sexual crimes; and (e) other records, including the Defendant’s age, sex behavior, occupation, environment, family relationship, etc., compared to the profits expected by the disclosure or notification order of the registered information to the Defendant and the effect of the prevention thereof; and (e) disadvantages and side effects of the disclosure of the Defendant’s personal information.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The sentencing criteria shall apply to the crimes of this case for which the sentencing criteria are determined.

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