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(영문) 부산지방법원 2018.08.22 2018고단657
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2017, at around 17:10, the Defendant, at around the third floor of the women’s toilet located in Ulsan-gun, Ulsan-gun, Co., Ltd., Ltd., the third floor of the building E, set up a pent-shaped machine with the inner function of the camera function, and took the image of the victim F (Y, 24 years old) using it.

In addition, the Defendant, as shown in the separate sheet from February 19, 2016 to June 27, 2017, took photographs against his will, of another person’s body, which may cause sexual humiliation or shame of the camera by exposing his clothes, clothes, tampas, and tampas in the female-use toilets, escape rooms, etc., and photographing victims who take clothes.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to F, G, H, and I;

3. A statement of F and J;

4. Police seizure records;

5. Report on results of analysis of digital evidence;

6. Application of each statute of photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

2. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in paragraph (15) of the attached Table with the largest penalty).

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

4. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

5. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure order of registered information and an employment restriction order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the Defendant recognized his/her criminal act and her mistake was divided, the Defendant has no record of being punished for sex crimes or other crimes, and other records, such as the Defendant’s age, sex, occupation, environment, and family relationship.

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