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(영문) 인천지방법원 2015.08.12 2015고단3763

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 23, 2015, from around 08:50 to October 09:10, the Defendant taken a photograph of the part of the victim B (the age of 19) who was in front of the Defendant’s seat with the cell phone located in the front of the Defendant’s cell phone in the front line of subway No. 1 to the Gu street.

In the indictment, the indictment states that "the sound portion has been emphasized in the way that the defendant satis two fingers in the hands of the defendant," but the above fact-finding shall be conducted based on the investigated evidence, and it shall be corrected ex officio without changing the indictment, because it is considered to be a reduction.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the new Acts and subordinate statutes to the results of digital evidence analysis;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The sentence to be suspended under Article 59(1) of the Criminal Act: The reason for the suspended sentence of a fine of one million won is that the form of crime in this case is relatively weak.

The defendant recognizes a crime, and seriously reflects such as an agreement with the victim, and the victim does not want the punishment of the defendant.

The defendant is 24 years old and 24 years old and social ties, such as family members, are clear.

The defendant is a first offender, and he is employed in the present workplace and has served in good faith.

In the future, the defendant has not been able to prevent recidivism and have a healthy life.

In addition to the above circumstances, the conditions of sentencing under Article 51 of the Criminal Act, namely, the age, character and conduct of the offender, intelligence and environment.