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(영문) 부산지방법원 서부지원 2018.10.05 2018고단1165
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for obscenity in the Busan District Court on April 21, 2016 and completed the execution of the sentence in the Busan Detention House on October 21, 2016.

1. On December 9, 2017, the Defendant did not violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) on the Violation of the Act on the Punishment, etc. of Sexual Crimes, on the following occasions: around December 15:24, 2017: (a) on the 2nd floor of the funeral hall of the E Hospital in Busan, the Defendant discovered that a female, whose name is unknown, entered the toilet; (b) followed the structure managed by another person for the purpose of photographing the appearance of the string; and (c) attempted to take the string of the victim’s strings by allowing his cell phone camera to take the strings of the victim’s strings, but did not bring about only the new part of the victim’s

2. On December 9, 2017, around 15:30 on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) the Defendant discovered that the Defendant entered the victim F (16 years of age, 16 years of age) and entered this toilet in the second floor of the funeral ceremony of the E Hospital located in Busan, Busan, and taken the victim’s strings by following them for the purpose of photographing the strings of the strings, and by making the victim take the strings of his cell phones, the Defendant taken the strings of the victim’s strings on the upper and upper side of the strings.

Accordingly, the defendant intrudes on the structure managed by others, and taken the body of the victim who could cause sexual humiliation or shame by using the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (in response to the results of the analysis of digital evidence, CCTV video images, etc.);

1. Each photograph;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of the judgment and personal confinement status);

1. Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 319(1) of the Criminal Act, and Article 1.

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