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(영문) 인천지방법원 2017.09.27 2017고단1941

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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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

around November 2016, the Defendant, at the bus stops in the Seo-gu Incheon, Seo-gu Seoul Metropolitan City D market, taken the stroke of smartphone in his/her own smartphone (A7) in his/her hand to prevent sound of photographed, and taken the stroke of his/her name in his/her seat to prevent sound of photographed, and taken the stroke of his/her smartphone in his/her name.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

In addition, the defendant taken 17 times in total, such as the list of crimes in the attached list, the body of the victims who could cause sexual humiliation or shame by taking the short body of the women who are not their names through the above methods and caused them to feel sexual humiliation or shame.

On May 19, 2017, the Defendant: (a) reported on May 19, 2017, the victim F (a name, female, 24 years old) suffering from this short mar and boomed from the E field No. 2 in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; and (b) committed an indecent act by force against the victim by holding the victim’s buckbucks attached even after the victim’s death.

Summary of Evidence

1. Statement of the accused at each court by each court, "2017 Highest 1941";

1. A protocol of seizure and a list of seizure;

1. Photographs and criminal fact-finding photograph found from the suspect's mobile phone at the control site;

1. "Written response to a request for digital evidence analysis" 2017 Highest 3733;

1. Each police statement made in relation to G and F;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14 (1) (a point of use and photographing such as camera), Article 298 of the Criminal Act, 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) and (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. A person who is subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Code.