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(영문) 부산지방법원 2016.02.17 2015고단7548
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 10, 2015, around 17:17, the Defendant, following the Victim F (F, 18 years of age) who was f (only 18 years of age) who was flicked with a shorter fright in the urban railroad E station located in Busan, Daegu, Busan, the Defendant taken video pictures using the victim’s snick buckbuckbucker, knick, and knick, using his smartphone camera.

2. On August 11, 2015, at around 19:55, the Defendant: (a) followed the victim I (at the age of 29 years), who was scam from the H stairs of the city railway located in Busan-gu G, Busan-gu; (b) taken a video image by using the victim’s scambuck bridge, scambucks under the part of the victim’s smartphone camera; and (c) took the part of the victim’s smartphone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and J;

1. Protocols of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (for specific purpose of victims);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

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

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

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and sexual crime subject to registration which can be achieved due to such order.

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