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Reasons
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(영문) 서울동부지방법원 2020.03.05 2019고단3396
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 5, 2017, the Defendant committed the crime of May 5, 2017, at around 17:35, the Defendant discovered a female victim, who was a female victim in a short subway, and was seated in a chair, and taken pictures of the victim’s legs, etc. using the Defendant’s mobile phone camera, using the Defendant’s mobile phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

2. On July 13, 2019, the Defendant, at around 13:50 on July 13, 2019, discovered the victim B (bee 23 years) who was seated in the front line of subway 2, which was operated in the direction of the ga basin in Gangnam-gu Seoul, from the front line of subway 2, which was operated in the direction of the ga basin, and taken a video image of the victim’s bridge parts, etc. in front of the victim’s mobile phone camera in front of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Records of seizure and the list of seizure;

1. Application of the relevant video CD-related statute;

1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to taking pictures using cameras as stated in paragraph (1) at the time of display); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to taking photographs using cameras as

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of the punishment shall not exceed 40 million won; and

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