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(영문) 인천지방법원 2020.09.10 2019고단8861
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On August 1, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in a public room for sexual purpose) entered the front side of the above toilets for the purpose of photographing women who are considered to be melted in the first floor of the Bupyeong-gu Incheon Bupyeong-gu B building on August 22, 2019.

Accordingly, the Defendant infringed on toilets, which are public use places, for the purpose of meeting his sexual desire.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 위 제1항 기재 일시, 장소에서 피해자 C(가명, 여, 7세)이 위 화장실 왼쪽 용변 칸에 들어오자 자신의 휴대전화 동영상 촬영 기능을 켠 후 용변 칸 사이 칸막이 위로 휴대전화를 넘겨 용변을 보고 있는 피해자를 촬영하였다.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera against the victim's will.

Summary of Evidence

1. The application of Acts and subordinate statutes to the police records seizure protocol concerning the statement made by the defendant in relation to the defendant's statement E in his/her legal statement, the police records seizure protocol, the field pictures of the case on the seizure list, and the CCTV image analysis data of the control center (round 9, 12, 13, 23)

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Articles 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19,

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

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 59-3 of the Welfare of Disabled Persons Act.

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