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Reasons
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(영문) 서울남부지방법원 2021.02.09 2020고단6254
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On June 16, 2019, the Defendant taken pictures against the victim’s body by using a camera function of the mobile phone held by the victim despite the refusal of the victim while having sexual intercourse with the victim “C” at Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “C”) around June 16, 2019. From that time, the Defendant taken pictures of the victim’s body, which might cause sexual humiliation or shame on two occasions in total, such as No. 1 and No. 2 of the List of Crimes, from that time until November 23, 2019.

2. On June 18, 2019, the Defendant taken pictures of the victims who could cause sexual humiliation or humiliation on five occasions in total, such as the list Nos. 3 through 7 of the crime inundations, from the time to June 22, 2019, using the camera function of a mobile phone opened in Guro-gu Seoul Metropolitan Government. The Defendant taken photographs of the victims’ body that could cause sexual humiliation or humiliation on five occasions, from the time to June 22, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to the dynamic image photograph accompanied by the victim, the victim-related photographs restored from the cell phone, and female photographics damaged by the crime;

1. Article 14 (1) of the relevant Act and the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) concerning the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment, and Article 47(1) of the former Act on the Protection of Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019).

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