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(영문) 서울북부지방법원 2020.12.17 2020고정1300
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On July 13:00, the Defendant took a photograph of the lower body using the dynamic image function of the Defendant’s cellular phone (gallonce S8) in the Chigh School class located in Jingu, Jingu, Jingu, Jingu, Jingu, Jingu, Jingu, Jingu, Jingu, Jingu, Jingu. B.

2. On November 29, 2019, around 23:12, 2019, the Defendant took a photograph of the victim F (one, nine years of age) who reported melting in the 'E' head office toilets located in Dongdaemun-gu Seoul Metropolitan Government, using the Defendant's mobile phone image function (galtho S8). On the same day, at around 23:14 on the same day, the Defendant took a photograph of the victim G (one, half, and 22 years of age) who reported melting in the 'E' head office toilets toilets, using the Defendant's mobile phone image function (galtho Ltho).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or humiliation over three times by using mobile phone cameras against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to G and F;

1. Each protocol of seizure and the list of seizure;

1. Application of the CD-related Acts and subordinate statutes to video files storage;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020); the selection of each fine.

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognized the crime and reflects the mistake; and (b) the victims agree.

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