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(영문) 인천지방법원 2016.11.17 2016고단5842
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

At around 07:50 on June 22, 2016, the Defendant: (a) set his/her smartphone into a video camera in the Namdong-gu Incheon Metropolitan City, and (b) recorded the part of the body part of the victim from around 18:13 on April 25, 2015 to around 07:50 on June 22, 2016, the Defendant took a film of the part of the body part, etc. of the female in total of 17 times in total, as shown in the list of crimes, by setting up his/her smartphone into a video camera; and (c) followed by the victim E (n.e., 29 years of age).

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a investigative report (limited to cases of attaching a photograph of a dynamic image to a course);

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, in relation to the relevant criminal facts;

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. In light of the contents, duration, frequency, etc. of the crime taken by the victimized female following the victimized female at a public place with the reason of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the fact that the Defendant had the same criminal records as the victimized female, and the fact that the damage has not been recovered is disadvantageous circumstances, the fact that the Defendant recognized the crime should be considered as favorable circumstances, and the fact that the Defendant had no damage recovery should be determined as the sentence as the order, taking into account the various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and behavior, and environment, as indicated in the records and arguments of this case.

A judgment of conviction shall be made on the facts of a sex offense subject to registration, such as registering and submitting personal information.

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