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(영문) 인천지방법원 2016.11.17 2016고단5935
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On April 25, 2016, at around 02:02, the Defendant tried to photograph a motion picture with the victim D (23 years of age) and E (20 years of age) of the above toilet, which was opened by using his mobile phone camera, after hearing the sound of the shower between men and women, from the toilets of 39, the Defendant tried to take a shower by using his cell phone camera, but actually taken the face or back of the victims.

Accordingly, the defendant tried to take the body of the victims who could cause sexual humiliation or shame against his will and attempted to take the body against his will.

B. Around March 2016 to April 2016, the Defendant discovered a woman suffering from a short fright in the mutual influorites of the Republic of Korea and then left a mobile phone in Maurba-gu, and then taken a video image of the maura using the aforementioned mobile phone camera in a manner under which the maura is under the part of the victim.

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

2. From Apr. 29, 2016 to Apr. 23:37, 2016, the Defendant: (a) during the period from around 23:43 on the same day, the Defendant: (b) took a theft by putting one of the launding nets containing labing clothes contained in the number of labs located in the fifth floor of the building building in Nam-gu, Incheon, as soon as possible, owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photograph the images;

1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 329 of the Criminal Act, and Article 15 and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a

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