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(영문) 서울동부지방법원 2020.05.21 2020고단322
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On January 1, 2019, the Defendant taken pictures of the victim D (the age of 46) who was on the part of the Defendant’s house located in the Gangdong-gu Seoul Building C from around 00:0 to 01:00 on the same day, using a cell phone camera, twice a photograph of the victim D (the age of 46) who was on the part of the Defendant’s house located in the Gangdong-gu Seoul Building C.

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

2. Around February 2019, the Defendant sent one copy of the victim’s photograph taken at the Defendant’s house located under the Gangdong-gu Seoul Metropolitan Government building B, with the Defendant’s house located under the foregoing paragraph 1, using the Kakakao Kakao Ma to the victim’s friendship E.

Accordingly, the Defendant provided a third party with the photographing material under the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A complaint;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of each fine;

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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (where it is difficult for the defendant to expect the effect of preventing recidivism through an order to complete program because communication with foreigners is not smooth in Korean language, it shall be deemed that there are special circumstances in which the

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure and Notice of Employment, Exemption from Employment Restriction Orders, etc., the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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