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(영문) 서울중앙지방법원 2019.10.16 2019고단4285
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On August 30, 2018, from around 00:44 to 02:00, the Defendant discovered that the victim D (20 years of age) was shower with his body through the window of the bath room in Seoul Special Metropolitan City, Nowon-gu, and that the victim D (20 years of age) was showing the shower, and the Defendant taken the screen picture during a part of the victim’s body with his cell phone camera connected with the window in the above bath room.

2. From around 01:00 on September 16, 2018 to around 01:15, the Defendant taken a video picture with his cell phone windows located in Gwanak-gu, Seoul Special Metropolitan City, with the victim’s cell camera installed together with his cell phone windows, so that the victim was seated before the changeer, and then the victim gets off, and considered off and melted.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. On-site report (STV verification of the On-Site BuildingCCTV), internal investigation report (HCCTV), investigation report (HCCTV), investigation report (HCCTV), 112 report processing table, internal investigation report (Story verification of surrounding CCTV such as the location of occurrence), investigation report (Story verification of CCTV), and internal investigation report (on-site investigation such as convenience points);

1. Application of the Acts and subordinate statutes in Chapter I of the victim, residence photograph, suspect photograph, and receipt;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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) of the Criminal Act of confiscation;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant has a house price at the new wall time.

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