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(영문) 인천지방법원 2020.02.06 2019고단6016
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

On August 21, 2019, at around 08:12, the Defendant discovered the victim B (e.g., age 22) who sits in the vicinity of subway No. 16, a square of Bupyeong-gu, Incheon, with a view to detecting the victim B (e.g., 22 years of age) while being fright in the front line, and taken the victim’s satch with a video image using the camera attached to the opon 6S smartphone in his possession, against the victim’s will.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. A written statement of the victim;

1. Application of the video image Acts and subordinate statutes to the victim who has taken the suspect;

1. Relevant Article on criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (including the first offender, etc.);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a crime committed in the judgment of conviction as to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved due to such order, and the victim.

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