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(영문) 인천지방법원 부천지원 2019.02.20 2018고단3432
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) August 2018; or (b)

9. 일자불상경 부천시 원미구 B건물 C호에 있는 흡연실에서, 피고인 소유인 불상의 휴대전화의 카메라 사진촬영 기능을 이용하여 짧은 반바지를 입고 바닥에 쭈그려 앉아 있던 성명불상 피해자(여성)의 허벅지 부분을 몰래 사진 촬영하였다.

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

2. On September 3, 2018, around 15:03, the Defendant posted the Defendant’s body photographed the said victim’s body under the title “E” on the bulletin board of the Internet site (D)’s “E” on the 15:03 Bupyeong-gu Seoul Special Metropolitan City building and C.

As a result, the Defendant displayed the pictures taken by the body of the victim, which could cause a sense of sexual shame, openly against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the accusation and statement;

1. Application of the statutes governing suspect-containing notices;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. An offense in which a woman’s body is taken and posted without knowing the reason for sentencing under the main sentence of Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restriction, is an offense in which the victim’s personality is considered and the damage recovery is difficult

It is necessary to eradicate severe punishment for eradicating.

However, the number of times the defendant photographs and posts is one time, the victim's face is not revealed, and the defendant's mistake is all made.

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