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(영문) 서울동부지방법원 2019.06.14 2018고단3973
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

1. On April 24, 2018, around 08:00 on April 24, 2018, the Defendant discovered victims in distressed from Cmiddle School uniforms in the vicinity of Gwangjin-gu Seoul Special Metropolitan City on April 24, 2018, and taken photographs of the parts of the bridges of the victims in transit over three times using the Defendant’s cell phone with the inner function of the camera function.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On April 24, 2018, around 11:29, the Defendant posted three copies of the photograph of the victims taken under the title “I,” “I,” using “D” Internet E on the bulletin board of the image screen,” by accessing “I,” around April 24, 2018, at around 11:29, the Defendant, who committed the crime, to “I, apply for light service.”

As a result, the Defendant displayed a photograph taken against his will another person’s body, which may cause sexual humiliation or shame, by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each report on internal investigation (number 2 to 5);

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) applicable to the relevant criminal facts and the selection of punishment for such crimes;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant’s age, occupation, risk of recidivism, and the instant case.

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