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(영문) 수원지방법원안양지원 2020.08.12 2020고단680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

The defendant and the victim B (the family name, the age of 22) are the hedging relationship.

1. Around March 16, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Cmera, etc.) taken pictures of the victim, using a camera function attached to the mobile phone of the Defendant, from an unclaimed room of the number of the building C in Ansan-si, Ansan-si on March 16, 2019.

2. On May 5, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Catra, etc.) taken pictures of the victim from around 10:00 on May 6, 2019 to around 11:00 on May 6, 2019 using a camera function inside the Defendant’s mobile phone to show the body of the victim under the Yeonsu-gu Incheon D Building E.

Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Protocols of seizure and list of seizures (No. 17 and 18 No. 18);

1. Application of the Acts and subordinate statutes No. 1-No. 14

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes in question;

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 62 (1) of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

An disclosure order, notification order, and

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