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Reasons
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(영문) 서울동부지방법원 2020.10.22 2020고단2593
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 May 11, 2020, around 17:46, the Defendant followed the victim, who was in the subway 2 subway station located in Dongjak-gu Seoul Metropolitan Government, and was unable to know the short flacing of the stairs due to the short flacing, and taken a flac image of the victim by using his Samsung galle S10 cell phone.

2. On May 11, 2020, at around 17:49, the Defendant: (a) discovered that the above victim was seated in front of the vehicle, and taken a flag image of the victim by using the aforementioned mobile phone, while getting on the ground radar at the same place as Paragraph (1).

3. On May 12, 2020, at around 17:18, the Defendant followed the Victim F (Gain, Gain, 38 years old), followed by a short brue in subway 2 lines E stations located in Gwangjin-gu Seoul Special Metropolitan City, and taken a brue image of the victim by using the aforementioned mobile phone, while going through the victim F (Gain, Gain, and 38 years old).

Accordingly, the defendant taken three times in total the body of the victims who could cause a sense of sexual shame by using the camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. G statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation into the 112-reported case handling table (including attachment, etc. of cell phone photographs of a suspect);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) applicable to the relevant criminal facts and the selection of punishment for such 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. 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. It is stated that a sex offense subject to registration is a sex offense subject to the obligation to register personal information under Article 334(1) of the Criminal Procedure Act.

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