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(영문) 부산지방법원 2018.12.19 2018고단4161
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

The Defendant taken the body of another person against his will, using a mechanical device with similar functions twice as follows, which may cause sexual humiliation or sense of shame.

1. On June 3, 2018, around 12:37, the Defendant: (a) reported that female victims, whose name cannot be known in the underground commercial buildings and stairs of subway No. 1 Line C, located in Busan Jung-gu, Busan, take a balthrothic behavior of the victim, including the balthic part of a bridge under the balthma, using a portable phone (A 3) of one’s “galthal part” on which the baltho function is inside the balthic function.

2. On June 3, 2018, the Defendant: (a) around 12:38, 2018, 2000 female victims, whose name cannot be known from the entrance stairs No. 1 of the said C Station, 2 female victims, who were frighted to the stairs, and taken the back habits of the victims, including the part of the bridge bed down to the instant portable phone.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Police seizure records;

4. Application of each statute of photography;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes provided for in paragraph (2) of the same Article).

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

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

7. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

8. 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 an order to notify disclosure of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant recognized all of his/her crimes and repents his/her mistake, and that sex crimes and other crimes are still committed.

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