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(영문) 서울남부지방법원 2020.11.18 2020고단4241

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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Defendant shall be punished by a fine of KRW 3,000,000.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2020, the Defendant discovered a female victim who was on the 5th Ethical radar located in Yangcheon-gu Seoul Metropolitan Government on April 7, 2020, and discovered the victim’s name on the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

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

2. On April 7, 2020, the Defendant discovered the victim D (one, half, and the age of 26) who was on board an escalator at the exit 7, E. C. C. C. 13, and followed the victim D (one, half, and the age of 26). On the other hand, the Defendant taken the victim’s ad hoc image by using the cell phone camera function of the cell phone.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the police record of seizure of the police record of the police record of the defendant's statement concerning D's legal statement, and the investigation report of the list of seizure (the results of selection as a result of the analysis of digital siren smartphones);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264 of May 19, 2020), the selection of fines, and the selection of fines, respectively.

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act Article 62 (1) of the Criminal Act is suspended;

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

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

1. The current situation in which the harmful effects of illegal photographing on the reason of sentencing of Articles 70(1) and 69(2) of the Criminal Act (in cases where the sentence of suspension of execution of punishment is invalidated or revoked) are becoming a serious social problem.