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(영문) 서울중앙지방법원 2020.10.14 2020고정1049
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On May 20, 2018, from around 05:48 to 05:51 on the same day, the Defendant taken a video image using his cell phone camera function without the consent of the victim’s panty in Gangnam-gu Seoul Metropolitan Government subparagraph B C, and the victim D (n, 36 years of age) under the influence of alcohol and with the care of the hotel transport.

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. The police's statement of the defendant concerning D's written statement of the prosecutor's office concerning D's partial statement of the defendant (Supplementary to a complaint) concerning D's written statement of the prosecutor's office;

1. The application of the photograph-related Acts and subordinate statutes by cutting down a written statement prepared by Police Officer E in the investigative status (the results of suspect photographing, video and recording analysis), the content of the investigation report (the investigation of the place of occurrence), the contents of the conversation of Kakakaox, the video screen screen screened by the Defendant, and the e-mail capture recorded by the Defendant, by cutting down the contents of the Kakaokaox conversation prior to the occurrence of the incident, and cutting down photographs, card settlement details, telephone cards, telephone conversations, the contents of the telephone conversations prior to the occurrence of the incident, and then cutting down photographs, the photograph of the CCTV, the photograph on which the period of storage of CCTV was indicated, the photograph of the CCTV, the opening and closing time of the entrance door, photo

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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. The summary of the argument on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is as follows: (a) the victim met at the time and titts; and (b) the victim titts with his own panty panty with his own panty, resulting in the spread thereof.

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