logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.01.28 2020고단10777
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 21, 2020, at around 20:56, the Defendant: (a) discovered that the female victim was frightening from the c station of Incheon subway No. 1 in Gyeyang-gu, Incheon, Incheon subway No. 2020; (b) discovered that the female victim was frightening with the frighter, and (c) followed the victim’s body by using the Defendant’s smartphone camera, and (d) taken a fright image of the female victim’s body from May 21, 2020 to June 11, 2020, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of victims who could cause sexual humiliation or shame using smartphones against their will.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement and police seizure protocol, list 112 reported case handling list, and report internal investigation report as a result of digital evidence analysis (at least 11 times a year);

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

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 44-2 of the Medical Treatment, Care, etc. Act, and Article 16-2 of the Act on Special Cases concerning the observation

1. The main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The circumstances favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture: The defendant recognizes his mistake.

There is no circumstance in which the video recorded by the defendant is reproduced.

Unfavorable circumstances: The defendant taken a part of the body part, etc. of victimized women over several times using a Handphone, and the crime is not likely to be committed.

On May 8, 2019, the Defendant was punished by a fine of five million won at the Seoul Central District Court on the same offense.

arrow