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(영문) 대전지방법원 2018.04.05 2017고단4956

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for night-time intrusion larceny, etc. at the Daejeon District Court on April 7, 2016, and completed the execution of the sentence at the Gwangju Prison on April 6, 2017.

The Defendant possessed on June 12, 2017, at around 05:45, the Defendant was in possession of the Defendant before Daejeon Seosung-gu C lent, Daejeon.

LGG G6 smartphones using a short bridge function, and taken a photo of the nameless female fat, the bridge and the fat in the ridge of the vehicle, which takes the goods inside the ridge of the vehicle, as shown in the list of crimes attached hereto from June 6, 2017 to June 13, 2017, the damaged female 12 times, as shown in the list of crimes attached hereto.

Accordingly, the defendant taken the body of the victimized women against their will who might cause sexual humiliation or shame by using the mobile phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

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

1. Arrest reports on the occurrence of the case, reports on internal investigation, photographs, the list of reported cases in 112, response to the results of digital evidence analysis, and photographs concerning the facts of the crime;

1. Previous convictions: Inquiry about criminal history, report on investigation (report on confirmation of the period of repeated crime against a suspect), status of confinement of individuals, and application of the text of the judgment;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 Committed to Order;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the defendant's age, occupation, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the various conditions of sentencing as ordered by the argument of the case, shall be determined by comprehensively taking into account the following circumstances, and other conditions of sentencing as stated in the argument of the case.

The favorable circumstances: the crime of this case.