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(영문) 인천지방법원 2020.06.18 2019고단9436

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 51) are between the school restrictions for about 10 years, and the present is between the two.

On October 9, 2017, the Defendant posted his cell phone in the hands room where he had a hole in the Kacheon-si Jointsel, and adjusted the direction to have the guest room photographed through the joints of the Kameras, and taken a shower and the image of the victim from August 9, 2014 to the above date and time on six occasions, such as the victim’s known body and the sexual relation between the Defendant and the victim, as shown in the attached list 1 of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. The police seizure record and the list of seizure;

1. Details of a Kakakao conversation, photographs taken by the defendant to the extent that they were extinguished;

1. The application of the investigation report (number 21) Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec.

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities as the victim.