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(영문) 서울동부지방법원 2019.03.29 2019고단89

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 6, 2018, at around 23:34, the Defendant, within the subway station C Station platform located in Nowon-gu, Seoul Special Metropolitan City on the galth of November 23:34, 2018, taken down the lower body part of the victim D (the age of 19) who was laid down in the galth of the Defendant’s cell phone jum by using the Defendant’s galthographing function.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (No. 4), investigation report (No. 15 No. 15);

1. The list of seizure and the protocol of seizure;

1. Responses to results of analysis of digital evidence, reports on analysis of digital evidence;

1. Application of the Acts and subordinate statutes to CCTV perusal and analysis photographs, photographs of seized objects, photographs of restoring victims, and CDs (original photographs of the victims);

1. Article 14 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Criminal Procedure Act of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure and notification order under Article 334(1) of the Provisional Payment Order, 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 Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, consequences and severity of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the protection of victims, etc.).