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(영문) 인천지방법원 부천지원 2019.10.16 2019고단2152

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant from January 1, 2019 to the victim B (the family name, the female, the age of 27) and the same year.

4. It is a person who took part in the teaching system from the time of 17.

On February 26, 2019, at around 03:55 to 04:03 on February 26, 2019, the Defendant taken pictures of the victim’s body, body, sexual intercourse, etc. against the victim’s will against the victim’s will, like in the list of crimes in attached Form, including where the victim’s her butane and sexual part, which was her body at the above-mentioned hotel with the Defendant’s cell camera function, was taken by using the Defendant’s mobile camera function, and the sexual part was taken by the video.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Police investigation reports (in the case of CD images submitted by the complainants, accompanied by a photograph of screen pictures (the date and time to capture in cloud) and photographs attached, records of seizure and list of seizure, records of seizure and list of seizure, digital evidence analysis results, meetings of criminal investigation reports (as a result of digital evidence analysis, attaching images and photographs related to the crime as a result of the digital evidence analysis, and the storage of CDs), relevant data, photographs, etc., investigation reports (in the case of CDs submitted by the criminal suspect), written answers, written statements of purchase in digital camera trade, written statements of purchase in digital camera trade, and applicable statutes;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the age, occupation, risk of recidivism of the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the type, motive, and motive of the instant crime;