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(영문) 인천지방법원 부천지원 2018.06.11 2018고단796
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 40 hours.

Reasons

Punishment of the crime

In order to meet his own sexual satisfaction, the Defendant purchased a single-type camera, assistive camera-type camera, and installed a hole on the upper part of a single-type camera-type camera, and on the upper part of a document of internal-type camera, each hole was installed on the front side of the document of inner-type camera.

On December 1, 2017, the Defendant: (a) entered the Kameras as seen above, and filled the Kameras to the shoulder of document bags; (b) boarded the Kameras as well as the cell phone with the cell phone; (c) boarded the train in Seoul subway Incheon in the state of hand; and (d) taken the 5-4 passenger seat seated in the 5-4 passenger car while the train was moving from C to D to D; and (d) taken the face, chest, and the Hameras in front of the victim E (the age of 18) while the train was moving from C to D, the Defendant recorded the 10-day seat of the victim in the above Kameras, the 13:22 on April 15, 2016 to December 12: 14, 2017; and (d) recorded the 10-day chest and the 10-day chest in the same way as the Mameras.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Increase of materials 1 through 18;

1. Application of Acts and subordinate statutes to photographs of damaged women listed in the final crime inundation list;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The circumstances below the reasons for sentencing under Article 48(1)1 of the Criminal Act, and the defendant's age, occupation, sex, etc.

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