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(영문) 인천지방법원 2017.01.11 2016고단7405

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 18, 2016, around 14:05, the Defendant: (a) boarded in the bus stop located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, on the surface of the household apartment unit No. 7, and was seated in the third seat from the right side of the bus, while he was seated in the bus No. D (16 years old), E (n, 16 years old), F (n, 16 years old), and F (n, 16 years old) boarding the bus at the above bus at the bus stop in Seo-gu Incheon Metropolitan City, and was seated on the back of the left side of the bus, and then moved from the right side of the bus to the second seat, and taken the front side of the victim’s smartphone with the Defendant’s smartphone located in the Kamermera, against his will on several occasions.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each record of victim H and E;

1. Data submitted photographs of victims;

1. Application of statutes on records of seizure and lists of seizure;

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

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction against a defendant is finalized on the facts constituting a sex crime subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, 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, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, effectiveness of sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc.