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(영문) 의정부지방법원 2021.01.15 2020고단3667
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 23, 2020, at the Government of the Council of Gyeonggi-si, 08:15, the Defendant taken one time the victim D (n, 23 years of age) with the first flamerat function at the drinking house prior to the foregoing day, and taken one time the victim’s back flamere of the victim’s back flamere, who sees the flamere from the toilet using a mobilephone 11, and flamere of the victim’s back flamere, who took one time the flamere of the victim’s back flamere, who was flamere of the flamere, and was flamere of the flamere, and taken two times the victim’s back flamere.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera or similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure of D's written statements;

1. Application of Acts and subordinate statutes of extraction photographs;

1. Article 14(1) and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of a fine by universal title for criminal facts

1. Article 70(1) and the main sentence of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes committed under Article 69 of the Criminal Act with the custody of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under Article 2 of the Addenda to the Act on the Protection of Children from Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56(1) main text of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Act on the Welfare of Persons with Disabilities, in shooting photographs that a person injured by reason of sentencing may cause a sense of sexual humiliation, and sending them to his will be severe punishment. However, although the defendant is led to the crime of this case, there is no criminal record, the victim’s deletion of illegal photographing immediately after the victim pointed out, and the circumstances that were distributed to other persons than the victim are not discovered, and there is an agreement with the victim.

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