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(영문) 청주지방법원 2019.05.29 2019고단412
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On November 14, 2018, from around 23:30 to 00:02 of the following day, the Defendant: (a) concealed the body of the female victims who are considered to be melted three times as shown in the list of crimes committed by the Defendant, and (b) took dynamic images of the body of the female victims who are considered to be melted three times as shown in the list of crimes committed by the Defendant, in order for the victim C (the age of 23) to enter the front screen of his opphone SE mobile phone, who wishes to take a video camera of his opphone SE mobile phone, and then come into the front screen.

Accordingly, the defendant intruded into the public use area for the purpose of meeting his sexual desire, and taken the body of the victims who might cause sexual humiliation or humiliation over three times by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing seizure records, seizure lists, and closure of video images;

1. Relevant statutory provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

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

1. An order to disclose personal information, an order to notify such information, or an order to punish a sexual crime exempt from employment restriction, Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on Protection of Children

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