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(영문) 서울서부지방법원 2020.09.23 2020고단1296

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On January 29, 2020, the Defendant was a member of Eunpyeong-gu Seoul Metropolitan Government “C”, and on January 22:42, 202, a victim D (W, 17 years of age, Ga name) emitted from shower rooms using the Defendant’s mobile phone, and taken twice consecutively the body of the victim D (W, 17 years of age, Ga name) emitted from shower rooms.

As a result, the Defendant taken the body of another person, who may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will, and taken the body of the victimized female in the above manner at the above location six times as shown in the attached list of crimes, such as the list of crimes.

Summary of Evidence

1. A written statement of the defendant in his/her legal statement D, E, F (alias), and G, E in his/her police statement;

1. A list of reported cases of seizure records 112;

1. Investigation report (illegal photographing photographs attached), photographs;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

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. 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. 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 and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant 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 the defendant is obligated to submit personal information to a related agency under

The age, occupation, risk of recidivism, type of crime of this case, motive, and motive of the defendant exempted from disclosure or notification order.