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(영문) 인천지방법원 2018.12.05 2018고단6103
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 10, 2018, around 04:15, the Defendant:405 of the “D hotel” in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and the victim E (n, 19 years of age) who was female-friendly job offers victim E (n, 19 years of age) was exposed to the above victim’s chests and a part, etc. using the Defendant’s portable telephone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the mobile phone camera function against his will.

2. On February 10, 2018, the Defendant sent a photograph of the victim’s chests to the Defendant-friendly G through F message function at the places described in paragraph (1) around 04:18, and from among the photographs recorded as described in paragraph (1), the Defendant sent a photograph of the victim’s chests to the Defendant-friendly G.

As a result, the Defendant provided G with photographing the body of the victim who could cause sexual humiliation or shame by using the camera function of the mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A report processing table;

1. The image photograph of a victim taken by the victim;

1. Application of the police seizure protocol statutes;

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

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment on the duty to register and submit personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and crime of this case, exempted from disclosure or notification order.

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