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(영문) 인천지방법원 부천지원 2019.02.13 2018고단3548
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From May 201 to October 2015, the Defendant, at the C Library located at Kimpo-si, Kimpo-si, and at the Internet obscene material posting site (F), posted four photographs taken by the Defendant as “G”, as described above, at the Defendant’s house located at Kimpo-si D and E, and on the Internet obscene material posting site (F), four photographs taken by the victim under the bottom of the book, using the cell phone camera function in which the Defendant had a mind to photograph the part of the victim’s bridge.

2. From May 23, 2015 to October 2015, at the C Library located in Kimpo-si, the Defendant reported that the victim’s name influenite, who attends the same school, was seated in the school uniform, and took photographs of the victim’s legs and clothes under the bottom of the book four times using the cell phone function of the cellular phone in which the victim had a mind to photograph the part of the body and clothes of the victim, and posted four photographs taken from the Defendant’s house as above on the Internet pornography (F) at the Defendant’s house on January 13:34, 2017, at the Internet obscene material posting site (F).

Accordingly, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, and displayed it openly.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the commencement of internal investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing without consent of the victim), Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of display without consent of the victim), and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social services;

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