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(영문) 인천지방법원 부천지원 2016.02.03 2015고단3543

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2015, at around 01:07, the Defendant taken or attempted to take the 12 strings, such as nameless women, etc. using cameras, etc., five times in total from August 7, 2015 to August 21, 2015, the Defendant taken or attempted to take the body of another person, which may cause sexual humiliation or shame, by using cameras, as indicated in the list of crimes in the separate list, in a way that the partitions from the public toilet behind the office of office located in Orcheon-gu, Orcheon-si B, Orcheon-si, the Defendant took the strings of the Defendant’s cell phone to view the use of his/her cell phone function as a mobile phone camera, and taken the body of another person, who may cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Entry in the protocol of seizure;

1. Application of the video-related Acts and subordinate statutes to photographs attached to investigation reports (Preparation of a list of crimes and captures of video images and append photographs thereto);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the crime and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a person who attempts to take photographs using a camera) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for the crime of this case are favorable circumstances, such as the fact that the defendant seems to have led to the confession of the crime of this case and to repent his mistake.

However, in full view of the circumstances under Article 51 of the Criminal Act, such as the fact that no agreement has been reached with the victims, methods and frequency of crimes, the degree of exposure therefrom, etc., the punishment as ordered shall be determined.

It is found guilty of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to the registration of personal information.