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(영문) 인천지방법원 부천지원 2018.04.04 2018고단249

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On April 7, 2017, the Defendant, on April 7, 2017, taken two photographs of the parts of the body of a woman suffering from a nameless accident, which was rapidly fluened by having his own wales in smartphones, from an influence of the 17:24 to an influence-dong, Seocheon-si, Seocheon-si.

B. On April 19, 2017, the Defendant, around April 17, 2017, taken two pictures of the lower body of two female victims, who suffered from school uniforms in the same manner as described in the foregoing paragraph (a), at the same place as indicated in the foregoing paragraph (a).

(c)

On July 10, 2017, the Defendant committed a crime on July 10, 2017, at around 17:16, on the same place as the mentioned in the above paragraph (a), followed a female who suffered a uniform, and taken the body body body image by following the female who suffered a uniform in the same manner as the mentioned in the above paragraph (a).

(d)

On July 13, 2017, the Defendant, around 17:14, on July 13, 2017, taken two photographs of the parts of the body of the non-victimd women who suffered school uniforms in the same manner and in the same manner at the same place as the above paragraph (a).

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. On November 24, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials), around 02:45, and around November 24, 2016, carried with 113 instances where the head of the said female student’s chest, etc. appears while conducting visual hostings with female students in his/her residence, 5:5, 505, and the head of the said female student’s chest, etc., on 113 occasions, and the photo was stored in a smartphone owned by him/her while being aware that it is a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the reporting Acts and subordinate statutes to each damaged photograph, digital evidence analysis result;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of possession of cameras and photographs) and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime committed by each child or juvenile;