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(영문) 인천지방법원 2019.10.23 2019고단5639
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On April 15, 2019, at around 07:15, the Defendant taken pictures of the victim’s bridge part, etc. using a camera located in the galthoart 8 smartphone in the Defendant’s possession, using a camera, which is located in the galthoart 8 smartphone, to take pictures of the body of the victim D, which is frequently considered in the normal work route in the front line of the Incheon subway located in the Yeonsu-gu Incheon Metropolitan City.

Accordingly, the Defendant taken photographs of the body of the victim who could cause sexual humiliation or shame by using carmeras against his/her will, including taking photographs of the victim’s body against his/her will, from October 18, 2017 to April 15, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing photographs and list of crimes taken by the suspect;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) (Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes (Article 18 through 22 of the List of Crimes) (Article 14(1) of the Act on Special Cases Concern

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. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process, etc. of the defendant exempted from the disclosure or notification order.

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