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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1479
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On October 24, 2017, at around 03:00, the Defendant taken a video recording of the parts of the body, such as a bridge exposed to the victim’s name unexploited women, using a camera installed in S8 Smartphones, which was owned by the Defendant, around 13 times in total by the following methods: (a) around October 24, 2017, the Defendant taken a video recording of the parts of the body of 13 victims, such as a bridge exposed to the victim’s name unexploited women; and (b) from around that time until January 12, 2018, the Defendant took a video recording of the parts of the body of 13 victims, as described in the list of crimes in the attached Form.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to D or E;

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

1. Application of the Act and subordinate statutes concerning field photographs and suspect specific photographs, photographs taken by each defendant with mobile phones, video CD 1, 2, 3, and female images recorded by each suspect in smartphones;

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) through (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Social Service Orders and Order to Attend Course recognizes the Defendant’s mistake and reflects both of them.

There is no criminal history prior to the instant case.

However, the defendant committed crimes in a variety of ways in a very wide variety of places, and it seems that he/she had planned pictures.

Reoffending is likely to occur.

When the victims were aware of the fact of damage, it is clear that they feel a large insult and a sense of shame and receive mental shocks.

The age, occupation, sex, family relationship, living environment of the defendant, and others.

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