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(영문) 서울중앙지방법원 2020.06.05 2020고정231
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

At around 02:00 on June 21, 2019, the Defendant taken a diversous image by using the cell phone camera function of the Defendant’s cell phone camera, where the victim C (the victim 27 years of age) was under the influence of alcohol and panty panty panty ties.

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. C’s legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Investigation report (the result of final analysis of suspect mobile phones digital sirens);

1. Recording records;

1. Application of the Acts and subordinate statutes on the screen of a Kakaogle dialogue;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the selection of a fine concerning the relevant criminal facts and the selection of a fine

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 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The gist of the argument is that the defendant, as a man at the time of the victim, took photographs of the victim's body under the influence of alcohol in order to mislead the victim with serious scambling that the victim scam off and scam off, and the victim did not constitute "the body of another person that may cause sexual humiliation or shame," and there was no intention to commit the crime.

2. Determination:

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