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(영문) 인천지방법원 2014.10.01 2014고단5669
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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 May 2, 2014, at around 07:27, the Defendant discovered a victim from the subway station platform of the subway station of Bupyeong-gu, Incheon, Bupyeong-gu, in which the name of the Defendant is unknown, and taken a pande and panty of the victim by making the Defendant’s cell phone equipment having the video photographic function to the lower end of the victim’s pande.

2. On May 2, 2014, around 07:31, the Defendant, on board the subway set forth in paragraph (1), discovered a victim who was unable to identify the name of the stoma in which the stoma was put from the East rock station to the back of the backline, and taken a stoma and panty of the said victim by getting the cell phone apparatus of the Defendant with the video recording function toward the bend beneath the stoma of the said victim.

Accordingly, the defendant taken two times in total the body of another person who could cause sexual humiliations or shames by using devices with similar functions as a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Analysis of seized articles);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant led to the crime in this case and is against himself, the frequency of the crime, the attitude of the act, etc.);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment of conviction against a defendant on a sex crime subject to registration becomes final and conclusive in regard to the crime subject to the obligation to submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal

disclosure order; or

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