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(영문) 인천지방법원 2018.10.25 2018고단6165
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 19, 2018, at around 07:30, the Defendant boarded a bus at the bus stop in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, D apartment building dried-gu, without the consent of the victim, using a son X mobile phone X (IMFF) camera function, where the Defendant was in possession of a son X mobile phone (IMFEIF) with the name of a female victim who was on board the same bus prior to the Defendant.

2. The Defendant, at around 07:42 on the same day, taken a video recording of a female victim’s bridge and spawn infinite, who suffered a fluent horse in the instant E bus, without the consent of the victim of approximately 32 seconds by the said method.

3. At around 08:16 on the same day, the Defendant taken a video image of H H subway No. 7 line G located in Yeongdeungpo-gu Seoul Metropolitan Government on the same day without the consent of the victim about about 18 seconds, namely, the name infinite female victims, who suffered a hybrid finite, using escalators prior to the Defendant.

4. The Defendant, at around 08:18 on the same day, taken a video image of the Defendant’s name unexploited female victim’s typology and spathm in the name of the Defendant, who took the spacule using the spacule in light of the name of the Defendant, who took the spacule in front of the Defendant’s name, without the consent of the victim at approximately 1 minute 1 seconds.

Accordingly, the defendant taken the body parts of the victims who could cause sexual humiliation or shame by using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to investigative reports (the attachment of photographs and the storage of CDs by capturing the images of the crime taken by the person under his/her control);

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. The Criminal Act, the suspension of execution;

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