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(영문) 인천지방법원 2020.11.20 2020고단6208
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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. On February 14, 2020, around 21:57, the Defendant taken three photographs using the Kamera function of smartphones in possession of the Defendant, using the Kamera function of smartphones in possession of the Defendant, in the room room room room 17 of the “C” entertainment drinking house located in the second hotel of the Jung-gu Seoul, Jung-gu, Seoul. Around February 14, 2020.

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

2. At around 22:10 on the same day, the Defendant distributed pictures taken by the victim’s body against the victim’s will, at the same place, to 3 persons, including E,F, and G, who sent three copies of the victim’s clothes taken against the victim’s will, via the Defendant’s smartphone Kakakao Kakao Messen, which could cause sexual humiliation or shame.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's report on the analysis of digital evidence to the defendant's legal statement D;

1. Relevant legal provisions concerning criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202; hereinafter the same shall apply), Article 14(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and the choice of imprisonment, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is not suitable because the defendant photographs the body of the victim against the victim's will and transmits it to others.

(e).

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