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Reasons
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(영문) 서울서부지방법원 2020.10.14 2020고단2315
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
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Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 24, 2020, the Defendant, at around 22:41 on May 24, 2020, taken video images against the victim’s will against the victim’s bodily part, which could cause sexual humiliation or shame, such as the victim’s ambuck, ambuck, ambuck, etc., using the Defendant’s cell phone camera eight mobile phone camera.

2. On May 27, 2020, the Defendant, at around 16:09 on May 27, 2020, taken video images against the victim’s will against the victim’s body part of the victim’s body, which could cause sexual humiliation or sense of shame, such as the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of seizure and a list of seizure of the police suspect concerning the accused;

1. A certificate of electronic information;

1. Investigation report (verification of cellular phones seized to a suspect);

1. Application of the Act and subordinate statutes on video CDs related to suspect A crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

1. When a conviction on a sex offense subject to registration becomes final and conclusive under Article 334(1) of the Criminal Procedure Act, which constitutes a sex offense subject to registration, the defendant shall be punished for a sexual crime.

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