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(영문) 인천지방법원 2019.05.15 2019고단243
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 7, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry of Multitude Space) in the third floor toilets in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, with the intent to take a female body using toilet partitions out of the Defendant’s cell phone with the Defendant’s cell phone with the Defendant’s cell phone opening, and installed a mobile phone device in a rhhym by operating the dynamic image of the LGF 200 LGF 200L mobile phone devices used by the Defendant, and rhym the mobile phone device inside the stop.

As a result, the Defendant intruded on the public use space in the commercial toilet, which is a public use place used by many unspecified people for the purpose of meeting the Defendant’s sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) at the time, place, as mentioned in the foregoing paragraph (1) above, set up a mobile phone device with rhythm inside the front line, after operating the Defendant’s mobile phone photographing function of the Defendant’s mobile phone, and thereafter installed it with approximately 20 minutes of a female victim’s physical part, such as his mack, using the above toilet partitions, was taken with the Defendant’s mobile phone camera.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to compare the restoration photographs of mobile phones with field photographs;

1. Article 12 of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Criminal Crimes and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

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

1. The Criminal Act for the detention of a workhouse;

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