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(영문) 수원지방법원 안양지원 2020.02.12 2019고단642

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 8, 2018, around 09:37, the Defendant followed the victimized women with the subway 4 lines located in Gyeonggi-si B, Gyeonggi-si, and with whom it is impossible to find out the name of scracinging off the escalator, and the Defendant taken the victim’s buckbucks and bucks using the victim’s galthothm function in Samsung Talthno No. 9 mobile cameras.

2. On October 24, 2018, around 07:21, the Defendant followed the victimized female, whose name is not known that he was boarding or leaving an escalator, and the Defendant taken the victim’s bucks and bucks using the cellular camera function of Samsung Galtham No. 9 mobile phones, using the victim’s bucks and bucks in video.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the cell phone camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Report on results of digital evidence analysis;

1. Application of investigation reports (Attachment of suspect photographic images, screen pictures, and photographs), and application of the Acts and subordinate statutes attached thereto;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the selection of fines in relation to the relevant criminal facts;

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the following circumstances are the Defendant’s age, character and conduct, growth process, environment, motive and means of committing the crime.