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(영문) 인천지방법원 2019.07.18 2019고단2990
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 08:00 on April 3, 2019, the Defendant: (a) taken pictures of the victim’s sound, etc. more than 10 times using a camera attached to Samsung Galthom 9 Smart City, which was in possession of Samsung Galthom 9 smartphone, with a view to taking pictures of the victim’s body as a photograph, and (b) taken pictures of the victim’s sound, etc. more than 10 times.

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. Each police statement concerning D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to victim photographs and reports on the analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the choice of imprisonment;

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

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

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment on the crime subject to the registration and submission of 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 the defendant is obligated to submit personal information to

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage due to such order, the prevention of sex crimes subject to registration, the effect of the victim protection, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the employment restriction order should not be ordered to be ordered to be placed in child and juvenile-related institutions, etc.

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