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(영문) 인천지방법원부천지원 2020.09.16 2020고단692
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person working at C department stores, middle department stores, six-story D stores in Bupyeong-si, and the victim E (V, twenty-seven years of age) is a person working at the same department department department room.

On November 21, 2019, at the 6th underground parking lot above 19:00, the Defendant tried to take the victim’s bridge side, etc., by reporting the victim’s behind that the victim was going in front of a passenger car, and following the victim’s behind the victim’s back, the Defendant attempted to take the victim’s bridge side, etc., by inserting the Defendant’s cell phone with his body well-known and inside a camera’s body into the body of the victim. However, the Defendant failed to take the victim’s bridge side, etc. at the end of the moment.

As a result, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using the mobile phone camera function against his will, and did not bring about the intent to take the body of the victim against his will.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV images to the police's written statement statement E in the court statement of the defendant;

1. Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020) concerning criminal facts

1. Article 62-2 of the Criminal Act on Probation under Article 62 (1) of the Criminal Act, including alternative imprisonment;

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

1. It is so decided as per Disposition on the grounds of 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. 17338, Jun. 2, 2020); Article 59-3 of the Welfare of Disabled Persons

The reason for sentencing - The defendant is highly likely to be subject to criticism by committing a second offense even though he had been punished twice for the same criminal records.

In particular, the defendant has attempted to trace and take photographs of the victim for a considerable period of time.

- After the commencement of an investigation, the Defendant.

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