(영문) 인천지방법원 2019.01.10 2018고단7922

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.01.10 2018고단7922

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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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 April 27, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in open space for sexual purpose) entered the victim’s appearance to view that the victim C (the 26 years of age) entered a female toilet in the second floor of the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and entered the victim’s name.

Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.

2. No person shall photograph another person's body against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, at the time and place mentioned in paragraph (1) above, the defendant worked as a camera of the mobile phone apparatus possessed immediately next partitions to view the use of the above victim at the time and place, and then the cell phone apparatus was collected through the space below the partitions and taken a photograph of the victim's appearance to view the use of the cell phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. A written statement under C;

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

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of entering places for sexual purpose), and the selection of imprisonment with prison labor

1. From among concurrent crimes, concurrent crimes within the scope of the sum of the long-term punishments of the crimes prescribed in the former part of Articles 37 and 38 (1) 2 of the Criminal Act (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and the penalty prescribed in the aforesaid two crimes);

1. Article 62 of the Criminal Act:

참조조문

-형법 제37조

-형법 제38조 제1항 제2호

-형법 제62조

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