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(영문) 서울서부지방법원 2020.04.29 2019고단4528

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 29, 2019, on March 23:13, 2019, the Defendant: (a) taken the Defendant’s opon8 mobile phones between the victim’s bridge and the victim’s DNA who was on the ground and on the ground in the subway No. 5 subway line C, No. 4 in Mapo-gu Seoul, and (b) taken the Defendant’s opon8 mobile phones between the victim’s bridge and using the Kamera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning D;

1. An investigation report (related to message sent by a suspect);

1. Investigation report (verification of images, videos, etc. of victims);

1. Written petition of D (tentative name);

1. Reports on internal investigation (Attachment of suspect photographs);

1. Reports on internal investigation (related to the attachment of photographs of the suspected victim taken);

1. A fire-proof report (verification of CCTV image records at the scene of occurrence), closure photographs;

1. Investigation report (verification of the suspect’s identity), and closure photographs related to the tracking of the same line;

1. Investigation report (specific, such as the number of follow-up transportation cards used by a suspect);

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

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

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The criminal facts of this case, which were prosecuted for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, are illegal photographing once.

However, even before committing the instant crime, the Defendant met the surrounding area of the public morals for more than one hour even before committing the instant crime.

A victim immediately after the crime is committed shall send a written decision to the defendant, and thereafter.