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(영문) 인천지방법원부천지원 2020.12.09 2020고단2039
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On January 27, 2019, at around 22:37, the Defendant was on board a mountain station located in Yongsan-gu, Yongsan-gu, Seoul, 23:5-ro, Hancheon-gu, 23-ro, and found the damaged female who was unable to know the name of the victim who was seated with a beer color flae set short at the seat near the 8th guest car of the said train, using the Defendant's Samsung Ggalthro function as a mobile phone camera in S 9, and taken photographs and videos against his will against the victim's will, in the same manner as the attached crime list, from October 22, 2019 to January 27, 2020, the Defendant taken photographs of the damaged female's bridge over five times in total, in the same manner as the victim list.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Application of the Act and subordinate statutes to capture the Defendant’s legal statement, the protocol of seizure of the Defendant’s legal statement, the protocol of digital evidence analysis of the list of seizure, “the suspect’s screen pictures” taken by witnesses of the report on the analysis of digital evidence of the list of seizure, the closure photographs of crimes motion pictures

1. Selection of each selective fine under Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning criminal facts

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 11, Dec. 1, 2018).

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