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(영문) 인천지방법원 2018.01.11 2017고단7440

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 15, 2017, at around 00:18, the Defendant discovered the victim C’s apartment house in Nam-gu Incheon Metropolitan City, and the victim C (n, 27 years of age) returning home in 1106, and subsequently, the Defendant taken video pictures against the victim’s will using his/her own mobile phone image recording function.

2. On July 18, 2017, the Defendant discovered the victim E (n, 23 years of age) from escalators located in Bupyeong-gu, Incheon, Bupyeong-gu, No. 17, U.S., and followed up using his/her mobile phone image recording function, the Defendant taken video images against the victim’s will.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mobile phone photographing function twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A seizure list;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act was not agreed with the victims of the reason, and some crimes were taken according to the victim’s apartment elevator in his/her residence, and the nature of the crime is not good.

However, it is favorable for the defendant to take some of the circumstances into account for the crime of this case, such as the fact that the defendant was the first offender, the fact that his mistake is pened, and the fact that there is difficulty in living in a universal sense with respect to life due to the fact that the defendant was the second offender, the fact that he was living in a dead structure.