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(영문) 인천지방법원 부천지원 2017.01.25 2016고단2726
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2016, the Defendant, within the subway line 7, a subway line operated in the direction of D station in the military base around 13:43, the Defendant taken visual images of the victim’s body part, which may cause a sense of sexual shame by inserting the cell phone apparatus of the Defendant’s cell phone inside the train, with the victim’s name and influenite (if known, at the end of 20, the body part of the body part of the victim’s body, which may cause a sense of sexual shame, against his/her will.

2. On August 1, 2016, at around 13:55, the Defendant taken a screen picture of the part of the body part of the victim, which may cause a sense of sexual shame by inserting the body part of the victim, which was laid ahead of the Defendant’s cell phone, located in the Gangnam-gu Seoul Metropolitan Government, with the body part of the victim’s cell line (if known, 20st half) that was laid ahead of the Defendant’s cell phone, and which could cause a sense of sexual humiliation, against its will.

3. On August 1, 2016, around 15:11, the Defendant taken a motion picture picture with 38 seconds against his/her will by inserting the part of the body part of the victim’s body, which might cause a sense of sexual shame by inserting the body part of the victim’s body, which was laid ahead of the Defendant’s cell phone, located in GF No. 3, G in Gangnam-gu, Seoul, and the Defendant’s cell phone, located in the Defendant’s cell phone located in the Defendant’s Gangnam-gu Seoul.

Summary of Evidence

1. The defendant's legal statement (as at the third date);

1. Each legal statement of the witness H, I, and J;

1. Entry of seizure records;

1. Application of the video Acts and subordinate statutes in relation to CDs accompanied by motion pictures and motion pictures;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Community Service or Order to attend a lecture;

1. Circumstances favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture: The defendant seems to have led to the confession of the crime in this case and to repent of his mistake.

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