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(영문) 서울서부지방법원 2020.05.20 2019고단2361
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 30, 2019, the Defendant was in a row house located in Mapo-gu Seoul Metropolitan Government, on April 30, 2019. Around 00:13, the Defendant heard sound shown by the victim’s name in the bath room in the above apartment house C, and then taken a back image of the female victim’s body that was shown with his cell phone through the window of the bath room after going to the wall of the above apartment house.

2. On May 1, 2019, at around 23:30, the Defendant: (a) taken screen pictures of the part of the victim F (e.g., 22 years of age, Ga name), which was frighted in front of the restaurant of “E” in Mapo-gu Seoul, Mapo-gu, Seoul, with a fright and seated to his cell phone.

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. G statements;

1. The police seizure record and the list of seizure;

1. Application of video-related Acts and subordinate statutes to crimes;

1. Relevant legal provisions concerning facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (it is determined that there are special circumstances in which it is impossible to impose order to complete program on a foreigner, because the defendant is unable to expect effects to prevent recidivism through an order

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act provides that where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the Defendant shall register personal information and submit personal information under Article 334(1).

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