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(영문) 인천지방법원 2019.05.09 2019고단755
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

No body of a person who may cause sexual humiliation or sense of shame, using a camera or other similar mechanism, shall be taken against the will of the person subject to filming.

On June 1, 2017, at around 08:57, the Defendant taken pictures of the body of the victims 39 times as shown in the annexed list of crimes, from that time until November 7, 2018, in the C Station male toilet located in Sipoposi B, by promoting the function of smartphone camera in which the victim was able to use, while having activated the body of the victims.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Three CDs;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the contents of each of the instant offenses; (b) the accused misleads the Defendant; and (c) the primary offender is the Defendant’s age; and (d) the Defendant’s age, character and conduct; and (c)

When a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

Disclosure, notification and employment restriction order shall be exempted.

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