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(영문) 인천지방법원 부천지원 2020.06.24 2020고단1493
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant was in a relationship with Bosch Rexroth driver B (n, 21 years old), victim C (n, 23 years old), victim D (n, 31 years old), victim E (n, 29 years old).

On March 26, 2018, the Defendant taken pictures of the victim B (hereinafter referred to as "victim B") against his/her will, as shown in the list of crimes in attached Form 10 until August 3, 2019, by using a camera located in smartphones, and by using a camera located in smartphones, and from August 3, 2019, the Defendant taken pictures of the victim B's body and sexually related video images with the content that the victims expressed 10 times in total as shown in the list of crimes.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using mobile phone camera functions against his will.

Summary of Evidence

1. The defendant's written statement of each police officer's statement about D, C, E, and B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a photograph by cutting a sexually related video;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Amended by Act No. 17264, May 19, 2020);

1. Selection of each sentence of imprisonment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act among concurrent offenders;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 11, Dec. 1, 2018); Article 59-3

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

The reason for sentencing - The defendant taken photographs or sexually related images against women in a dynamic relationship without consent, and the nature of the crime is not very good.

- The victims have already been sexual humiliationd as well as video images due to shooting.

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