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(영문) 인천지방법원 2020.04.29 2020고단1011

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 6 shall be forfeited from the defendant.

(b) the defendant;

Reasons

Punishment of the crime

On August 18, 2019, at around 00:46, the Defendant taken photographs against the victim’s body against the victim’s wishes to cause sexual humiliation or shame by 74 times in total as shown in the separate sheet of crime, from June 23, 2019 to September 7, 2019, by putting the victim’s galthrori S8 smartphone in the inner space where the Defendant was in possession of the Defendant with the inner empty space where the victim D (a person is named, inn, inn, 20 years old) entered the side of the side for female use, waiting in the space for male use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A E-document;

1. The scene photograph of the victim submitted;

1. Application of Acts and subordinate statutes, such as photographs of victims taken by the defendant and SNS dialogues;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Where a judgment of conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment on the registration and submission of personal information under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes