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(영문) 인천지방법원 2019.08.28 2019고단4246
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around April 3, 2019, the Defendant took photographs against his will, around April 20:3, 2019, using a opon XS mobile camera function, the Defendant used the Defendant’s opon XS mobile phone camera function, where the Defendant was in possession of the Defendant’s female friendly body.

2. The Defendant distributed photographs taken against his/her will, from April 3, 2019 to April 4, 2019, posted them openly to “H”, which is an open account of the Defendant, as in the Yeonsu-gu Incheon apartment F, the Defendant’s residence, and as in paragraph (1), to enable anyone to have access to the victim’s body pictures taken by the Defendant, such as in the Yeonsu-gu E apartment F, Yeonsu-gu, Incheon, and Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D;

1. Scenic photographs;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes concerning the crime (the occupation of taking pictures, such as cameras, the selection of fines), Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of distributing photographs and the selection of fines);

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); 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. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency pursuant to Article 43 of

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