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(영문) 인천지방법원 2017.11.30 2017고단6796
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment 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. On August 5, 2017, the Defendant committed the crime, from around 19:48 to 20:37, on August 5, 2017, converted his/her mobile phone from D food stores located in Sungnam-gu, Sungnam-si, to his/her video screen, put his/her cell phone into boon, and then cut back his/her cell phone on the boon floor and cut back his/her cell phone to the boon, and took a bood image of approximately one hour by the victims, such as the victims under the name of the boon, who suffered the boon.

2. On August 8, 2017, the Defendant, at around 21:09 around August 21, 2017, taken a doping fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fing fings,

3. On August 11, 2017, the Defendant taken a screen picture for about five seconds on August 11, 2017, on the part of the part of the victim G (n, 32 years of age, household name) (n, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, kn, and kn,

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mobile phone image photographing function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Certification of seizure and the photograph of seized articles;

1. Application of Acts and subordinate statutes to a report as a result of analysis of victims' photographs and digital evidence;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the defendant's past experience of having been punished for the same kind of crime, and the target of photographing is not less than that of a majority of unspecified women, but also the defendant is a same kind of crime.

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