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(영문) 서울서부지방법원 2020.02.17 2019고단4239
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant became the Defendant’s position at Egluriwon for the promotion of the “Neng” festival.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

가. 피고인은 2019. 10. 25. 23:22경 서울 용산구 이태원동 번지불상 노상에서 얼굴에 분장과 짧은 원피스를 입고 토끼 귀 모양 머리띠를 하고 쭈그려 앉아 사진촬영을 하고 있는 성명불상 피해자의 팬티가 노출되어 있는 모습을 발견하고, 피고인의 소유 ‘갤럭시노트9’ 휴대폰 카메라기능을 이용하여 피해자의 의사에 반하여 피해자의 팬티가 노출된 모습을 동영상 촬영하였다.

B. On October 26, 2019, around 21:52, the Defendant discovered the victim’s bucks exposed to the victim’s bucks in light of the victim’s name influent head’s name, which was well aware of bucks, by suffering from the short in the interior stairs of the “C” main building located in Yongsan-gu Seoul, Yongsan-gu, Seoul. On October 26, 2019, the Defendant taken video pictures using the Defendant’s cell phone function of “gallon No. 9” cell phone camera, which was owned by the victim, against the victim’s will.

C. On October 26, 2019, the Defendant around 23:16 B.

At the port and location, the victim was found in the name unexplosting of the stairs reported in white heading, and the victim was taken by using the cell phone function of the "gallon 9" mobile phone camera function owned by the defendant to screen the side of the bridge that the victim suffered the balthm against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. 112 reported case handling table;

1. Report of investigation (illegal photographing images verified by the cell phone of the criminal suspect who has seized);

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to investigative reports (the analysis of seized electronic information);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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