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(영문) 수원지방법원 여주지원 2020.07.28 2020고단751
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, against the will of the person to be taken, by using a camera or other similar mechanism.

Nevertheless, at around 20:46 on April 16, 2020, the Defendant concealed the Aphone XS mobile phone at the end of the Aphone XS c in Seocho-gu Seoul, a part of the above U.S. mobile phone was exposed to the outside by the Kamerass of the above U.S. mobile phone with the part of the above U.S. crypted well, and was exposed to the outside. In addition, the Defendant taken photographs of the body parts of the mameras of female victims whose name cannot be known using the above mobile phone’s image photographing function, from around that time until May 14:52, 2020, using the same method as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the victims.

Summary of Evidence

1. Protocols of seizure and seizure of the defendant's legal statement;

1. The application of statutes on the screen to screen pictures by making the gap between the observation pictures of the crime tool and the screen pictures as a result of screening digital sirens;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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 to Order;

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

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