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(영문) 부산지방법원 2016.12.22 2016고단4009
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On September 2015, the Defendant taken a photograph of the victim’s body against his will that could cause sexual humiliation or sense of shame by photographing the victim’s sexual organ into a cell phone camera, which was parked in the Busan Jin-gu Busan Metropolitan City C apartment complex parking lot (Nam, 38 years of age) and was exposed to her sexual organ within a d1 ton of the victim’s body owned by the 3rd of the Busan Jin-gu Busan Metropolitan City C apartment complex parking lot.

B. On November 2015, the Defendant taken a photograph of the victim’s body against his will that could cause sexual humiliation or sense of shame by photographing the victim’s body in the Felel located in Busan Jin-gu, Busan, with clothes off in the bed, in a cell phone camera.

2. Around December 7, 2015, the Defendant, on the ground that the victim under paragraph (1) was not contacted, threatened the victim by sending the victim’s bareboat photo taken by using the Defendant’s cell phone from the victim’s cell phone to the victim’s cell phone, and by sending the victim’s text message to the effect that the victim’s bareboat photo would be circulated to the victim’s wife, his/her children, and his/her employees without contact.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness;

1. The application of text, content and relevant Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 (1) of the Criminal Act, and the selection of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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