logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.25 2017고단7684
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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. Intrusion upon a structure;

A. On March 21, 2017, around 11:20 on March 21, 2017, the Defendant intruded into a structure managed by another person by entering the entrance of the shower room in order to take the image of a female shower room of 17, i.e., E University No. 17, the third female shower room located in Yeonsu-gu Incheon.

B. On June 9, 2017, at around 09:19, the Defendant: (a) went to the shower room for female showers as indicated in the above paragraph (a) and intruded the structure managed by others by entering the shower room through the entrance in order to photograph the image.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. The Defendant, at the time and place indicated in the above 1-A, taken a video image at his own discretion with a smartphone with the inner function of the camera function, which was the body of the victim with the shower at the time and place.

B. The Defendant, at the time, at the time, at the place specified in the above 1-B B, taken a video image at his own discretion by using a smartphone with the inner function of the camera function, which is located in F(25 years old).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (the confirmation of suspect's cloud services, etc.);

1. Cloud screen (No. 18 on the evidence list) of the victim's old text;

1. Application of police seizure records and list statutes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on buildings, choice of punishment by imprisonment), and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as cameras, and choice of punishment by imprisonment);

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in subparagraph 2-b of the holding with the largest punishment and circumstances);

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

1. Article 62-2 of the Criminal Act, Article 16(2) and 1.2 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims.

arrow