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(영문) 인천지방법원 2017.05.24 2017고단1163
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 10, 2016, around 11:42, the Defendant: (a) discovered the victim who is an employee of the said marina in Gyeyang-gu Incheon, Gyeyang-gu, and subsequently drive away from the victim’s cell phone; and (b) took a dynamic image of the victim’s her part of her son and her body using a camera installed in the Defendant’s cell phone.

2. On December 11, 2016, around 13:13, 2016, the Defendant: (a) discovered a female suffering from his/her nameless damage in the F in Gyeyang-gu Incheon, and subsequently drive away from the F; and (b) took a video image of the part of the victim’s tboard and body using a camera installed in the Defendant’s mobile phone.

3. On December 17, 2016, around 16:32, the Defendant discovered the victim, who is an employee of the said marina in the I Eart located in Gyeyang-gu Incheon Gyeyang-gu, and tried to drive away thereafter, and used the Defendant’s cell phones installed in the Defendant’s cell phone to photograph the parts of the victim’s her her m and body.

4. On December 24, 2016, around 10:05, the Defendant: (a) discovered a victim who was walking the victim’s seat on the front side of the “L Mart” located in Gyeyang-gu Incheon Gyeyang-gu, Incheon; and (b) used a camera installed in the Defendant’s mobile phone to drive the victim’s her seat and the part of the victim’s her body was screened by using the Defendant’s cell phone.

Accordingly, the defendant taken the body of the victimized women against their will that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in J, M, G and B;

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

1. A digital analysis and appraisal report;

1. Application of the Acts and subordinate statutes to photographs of the victim's mobile phone, and printing out of the restored photograph from his/her mobile phone;

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. Protection observation;

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