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(영문) 서울중앙지방법원 2020.01.31 2019고단6774
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

Criminal facts

1. From March 3, 2019 to around 19:32 on the same day, the Defendant taken the back felat with the victim’s cell phone (Evidence No. 1) with the Defendant’s cell phone, where the locked victim (here and under the age limit) was born, and the victim’s sexual organ was taken by the Defendant’s cell phone (Evidence No. 1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

2. On March 7, 2019, from around 22:52 to around 23:07 of the same day, the Defendant taken the body of the victim E (one, half, and 24 years old) who was divingd in the Non-felel located in the C basin located in Gwanak-gu in Seoul Special Metropolitan City as the Defendant’s cell phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

3. On March 8, 2019, around 06:34, the Defendant taken the body of the victim E in diving in the same place as that of paragraph 2, using the Defendant’s cell phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A police investigation report (explosives from suspect mobile phones digital siren-victim photographs) and a police investigation report (explosives of victim photographs);

1. Application of Acts and subordinate statutes No. 1 of seized evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes in question;

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. Order to complete a program;

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