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(영문) 서울중앙지방법원 2020.01.08 2019고단7613
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

No person shall photograph the body of a person who may cause any sexual humiliation or sense of shame, against his/her will, using a camera or other similar mechanism or apparatus.

Nevertheless, at around 20:52 on May 20, 2019, the Defendant taken the flag of the victim D (tentative name) in front of the cell phone camera using the cell phone camera located in Jung-gu Seoul, Jung-gu, Seoul. On May 20, 2019.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against pseudonymd persons;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (a CCTV verification);

1. Application of the Acts and subordinate statutes to photographs of the suspect of the victim;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The means and methods of the instant crime are not good.

The crime of photographing the use of a camera, etc. is highly harmful to society, and the defendant was not able to receive from the victim.

The defendant reflects his fault.

There is no record of punishment for a crime previously committed.

There is no circumstance that the photographer deleted immediately after the crime and distributed the photographer up to now.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances before and after the crime, etc. shall be determined as per the disposition.

A judgment of conviction on the facts constituting an offense on which personal information shall be registered and submitted.

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