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(영문) 인천지방법원 2018.11.14 2018고단4491
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The attached Form 2 shall be sentenced to imprisonment with prison labor for each crime of Nos. 1 through 12 of the List of Crimes in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On September 27, 2017, the Defendant was sentenced to 8 months of imprisonment with labor or 2 years of suspended execution due to a violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Incheon District Court, and the said judgment became final and conclusive on November 14, 2017. On November 9, 2017, the Defendant was sentenced to 6 months of imprisonment with labor and 2 years of suspended execution for the same crime in the same court, and the said judgment became final and conclusive on November 17, 2017.

[2] On May 31, 2018, at around 15:10 on May 31, 2018, the Defendant tried to photograph the part of the victim C using the Defendant’s mobile phone in front of the Yeonsu-gu Incheon apartment complex B, Yeonsu-gu, Incheon, by using the Defendant’s mobile phone, but the Defendant did not take the part of the victim C or attempted to take the part of the victim’s cell phone using the Defendant’s mobile phone over 33 times from October 1, 2017 to May 31, 2018.

Accordingly, the defendant did not take photographs of the body of the victims who may cause sexual humiliation or sense of shame against their will, or did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs printed in the order of a serial number of offenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (a confirmation during the current suspension of execution with the same criminal history as the suspect), and application of text 2 of the judgment;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes and Employment Restriction Orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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