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(영문) 인천지방법원 2020.09.09 2020고단4875
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 14, 2020, the Defendant, at around 16:15, entered a female toilet located on the fourth floor of the Seo-gu Incheon Metropolitan City, in the front section, carried out the functions of Aphone 10 mobile phone devices, the Defendant, who was the Defendant’s owner, to enter the right side of the front while entering the front section of the female toilet located on the fourth floor of the Seo-gu Incheon Metropolitan City, and carried out the functions of Aphone 10 mobile phone devices, which is the Defendant’s possession, into an accelerator, and pushed the above mobile device toward the upper part of the front section of the mobile phone, and did not come into the wind of the victim, but did not come into the wind of the victim, which was discovered by the victim.

As a result, the Defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame, against his will, using the camera function of mobile phone devices, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation into the police statement of C (on the spot CCTV tracking investigation);

1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Articles 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the choice of imprisonment with prison labor

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

1. Article 16(2) main sentence of Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities shall be deemed

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