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(영문) 인천지방법원 부천지원 2021.03.10 2020고단2822
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is between the victim B (n, 23 years of age) and the peace of the defendant.

1. From June 2019 to September 9, 2019, the Defendant taken video images against the victim’s will, in total, four times in a telecom room where it is difficult to know the trade name in Yeonsu-gu Incheon, Yeonsu-gu from around June 2019 to around September 2019.

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

2. On May 31, 2020, the Defendant, at the guest room where the number of the number of Yeonsu-gu Incheon Metropolitan City C cannot be known, around 19:00 on May 31, 2020, taken video pictures against the victim’s will, using the Defendant’s cell phone camera of 8 flusular phone, in which the Defendant used the victim’s sexual intercourse with the victim.

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. Application of Acts and subordinate statutes to the defendant's legal statement No. B, list of seizure, photographs of seized articles and the victim's Kakao Stockholm messages

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) (a) and Article 14(1) of the Act on Special Cases concerning the Punishment,

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which aggravated the concurrent crimes of imprisonment with prison labor for the choice of punishment;

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

1. The juvenile of the Gu who is subject to an order to attend a lecture or an order to restrict employment under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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