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(영문) 인천지방법원 2016.05.18 2016고단1646
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On June 16, 2011, the Defendant was sentenced to one year of imprisonment with prison labor or two years of suspended execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) at the Incheon District Court, and the judgment became final and conclusive on June 24, 2011, and the period of suspended execution was eight months of imprisonment with prison labor for the same crime, etc. at the same court on August 29, 2012 and the judgment became final and conclusive on February 28, 2013, and the execution of the said sentence was terminated at the Southern Prison in Seoul Southern District Court on April 25, 2014.

[2] On October 22, 2015, at around 17:50 on October 22, 2015, the Defendant entered a luxal column in a female toilet located in the second floor of the E-motor vehicle trading complex in Dong-gu Incheon Metropolitan City, with a cell phone located below the partitions, and failed to take a photograph by putting the cell phone in front of the victim F (n, 42 years old) in a cell phone camera.

Accordingly, the Defendant attempted to take the body of the victim, which could cause a sense of sexual shame by using carmeras, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Where a conviction against a defendant is finalized on the facts constituting a sex crime subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of

order of disclosure of personal information shall be waived.

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