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(영문) 인천지방법원 부천지원 2018.05.16 2018고단775
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 15, 2017, at around 17:58, the Defendant, in a male and female public toilet located in Bupyeong-si building C, and the toilet partitions, in which female victims entered the next partitions, collected the cell phone and used the cell phone camera in which the victim’s melts the cell phone.

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

2. On December 15, 2017, the Defendant, at around 22:18, in a male and female public toilet on the first floor of the building D, Seocheon-si, D, the Defendant taken a photograph of the body of the victim, in which the toilet partitions, which came to and entered the victim E (one name, and two times later, by inserting the cell phone above the upper cell phone, using the mobile phone camera function.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of the Acts and subordinate statutes to photographs by reporting the results of digital evidence analysis, or capturing the image of the victims taken on the suspect mobile phone;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects all the mistakes.

There is no criminal history prior to the instant case.

It seems that efforts are made to not repeat the case after the case.

However, the defendant committed two or more crimes, and has not been prosecuted, but has been taken 10 to 20 times even before.

was stated.

In this case.

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