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(영문) 인천지방법원 2018.04.18 2018고단630
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

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

A. On October 30, 2017, at around 22:59, the Defendant hidden in the studio female toilets in the second floor of Gyeyang-gu Incheon Gyeyang-gu B building, where a female victim was in possession of a female victim in the name in the side column, taken a photograph of the victim’s studio by inserting smartphone under the partitions, and using the dynamic image function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

B. On November 14, 2017, at around 21:30, the Defendant: (a) concealed smartphones, which the victim C came to enter the second floor of the Incheon Gyeyang-gu B building, from the 2nd floor female toilets of the Gyeyang-gu Incheon Metropolitan City, were exposed to the victim’s meltion by inserting the smartphones under the partitions, and using the video function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

2. Around November 14, 2017, at around 21:48, the Defendant threatened the victim in a manner that: (a) around the E convenience store in Gyeyang-gu Incheon Gyeyang-gu, a person who was damaged by paragraph 1(b) would drive away the Defendant and show mobile phones; and (b) the beer, which is a dangerous object in possession, would be 16cc in a way that the knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A digital analysis appraisal report;

1. A mobile phone photograph, etc. used by the victim for committing the crime (36 to 42 pages);

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crimes and the Selection of Punishment, etc. of Specific Crimes (the use of a camera and others, the selection of a punishment by imprisonment), Articles 284 and 283 (1) of the Criminal Act (the occupation of special intimidation and the selection of a punishment by imprisonment);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (the largest punishment) of the Criminal Act for the aggravation of concurrent crimes.

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