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(영문) 인천지방법원 2018.05.10 2018고단2043

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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A defendant shall be punished by imprisonment for not more than ten 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 January 31, 2018, at around 16:00, the Defendant found that the victim F (F, 26 years of age) entered a female toilet at around E 1st, located in Jinju-si, E, and that the victim followed the victim to take a studio, and entered a female toilet to view the string of the string, the Defendant carried the victim into the female toilet, followed by the victim, and taken a string of the victim, by operating the camera function inside the Defendant’s portable phone, and going back to the string of the string where the victim went into the string of the string, and by going into the strings of the victim, who sees the string of the string.

Accordingly, the Defendant intruded on public toilets for the purpose of satisfaction of sexual desire, and taken the body of another person against his will that could cause sexual humiliation or shame by using a portable phone with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. 112 Reports on the details of handling cases and the results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection 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 62 (1) of the Criminal Act, Article 44-2 of the Act on the Medical Treatment, Care, Custody, etc., to observe the protection and order for medical treatment;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed again the instant crime even though the Defendant had had had had had had had had had had had had had been punished several times prior to the previous crimes, and the same type of crime has been repeated within a short time, it is necessary to punish the Defendant with strict penalties corresponding thereto.

However, as the defendant committed each of the crimes in this case, he has a depth of his mistake.