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(영문) 인천지방법원 2017.11.30 2017고단7134
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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 May 23, 2017, at around 22:10, the Defendant, as “D,” located in Namdong-gu Incheon Metropolitan City, had a sense of mind that women can take a melting image of female-use toilets in the first floor of the public toilet of the building, and thereafter, the Defendant’s cell phone, which was in possession of the victim E (V, 25 years old), entered the victim E, was sealed with the front side of the window space between female-use partitions and the front side space between male-use partitions and taken the victim’s melting side. From April 17, 2016 to July 2, 2017, the Defendant tried to take the victim’s body against the victim’s will that could cause sexual humiliation or shame over 15 times in total, as indicated in the daily list of crimes, and attempted to take the victim’s body against the victim’s will during two times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. E statements;

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

1. Images of each on-site CCTV, CCTV photographs of each bus, digital evidence analysis response, and photographs of damaged women;

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, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 15 and 14 (1) (the attempted to take photographs using cameras, etc.) 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act lies in the history of having been sentenced to the suspension of indictment for sexual crimes (an indecent act in a densely concentrated place) before, and the method of committing the crime is not appropriate, such as photographing victimized women who are viewed as melting in public toilets, and no agreement has been reached with the victims.

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