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(영문) 인천지방법원 2012.08.29 2012고단6561
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Incheon District Court on the Punishment, etc. of Sexual Crimes, and is still under probation after the judgment became final and conclusive on June 24, 2011.

On June 4, 2012, around 22:00, the first floor female toilets of Gyeyang-gu, Incheon Metropolitan City was intruded into the 1st floor female toilets of Gyeyang-gu, and the lower half of 3 women whose name cannot be known, including those taken by using his cell phone camera in the upper part of his own cell camera, against their will, have taken the lower half of 3 women whose name cannot be known, including those taken by using the video screen with his cell camera, against their will.

On June 5, 2012, at around 01:25, the Defendant continued to intrude into the second-story female toilets of the building D in Gyeyang-gu Incheon Metropolitan City, and took a photograph of the victim E’s second half of the body, which is viewed as the base of the defense in the side partitions, against the Defendant’s will, as well as taking a photograph of the victim E, whose name cannot be known, against the Defendant’s will.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing photographs, such as victims stored in mobile phones;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the crime and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Sameras's body selection), and Article 319 (1) of each Criminal Act (the occupation of intrusion on a structure and the choice of imprisonment);

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

1. The defendant's assertion under Article 48 (1) 1 of the Criminal Act and the judgment of this case are asserted to have existed in a state of mental disorder at the time of the crime in this case.

However, after the crime of this case was committed by the defendant, the hospital.

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