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(영문) 의정부지방법원 2020.01.09 2019고단4907
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 13:00 on May 3, 2019, the Defendant, within the central line of the border line located in Samsung Tang-gu Seoul, the Defendant, using the Defendant’s Samsung Gallona7 mobile phone Kamera, with the Defendant’s gallon of the bridge part, etc., “D” 5 times from May 2, 2019 to May 3, 2019, taken 17 minutes from May 2, 2019 to the victim’s legs and physical parts, such as the list of crimes in attached Form.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Records of seizure and the list of seizure;

1. Investigation report (to reply to results of digital evidence analysis);

1. Application of the Act and subordinate statutes on the A.zpe storage of compressed files;

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

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. The following circumstances acknowledged in the public disclosure order, notification order, and exemption from employment restriction order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, namely, the following circumstances: (i) the Defendant recognizes and reflects all of the instant crimes; (ii) the Defendant has no record of criminal punishment; and (iii) the completion of the sexual assault treatment program alone appears to have the effect of preventing recidivism by the Defendant.

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