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(영문) 광주지방법원 순천지원 2018.08.20 2018고단1528

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From March 2, 2018, the Defendant is a person who had worked as a radiation carrier at a member of the D Council in Fari-si C from around March 2, 2018.

At around 10:21 on March 24, 2018, the Defendant, within the radiation room of the third floor of the above member of the Council, concealed smartphones owned by the Defendant and operated the video function, and then, the Defendant taken the image of the victim E (e.g., n., e., n., e., e., e., e., e., e., e., X-RAY to take pictures of this X-RAY, from the time to June 22, 2018, by the following means: (a) the Defendant taken the image of 19 clothes of the victim in total on 32 occasions, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the cell phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Video CDs;

1. Application of statutes on site photographs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reasons for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse of Children and Juveniles against Sexual Abuse are as follows: (a) although the Defendant, as a radiation physician of a medical institution, has a responsibility to care for the health of the patients; (b) however, (c) planned crimes against the patients, and (d) the nature

In addition, the defendant has a relatively recent history of sex offense.

On the other hand, the circumstances where the second damage occurred, such as the defendant's counter-sex, the spreading of motion pictures, etc., are not revealed, and the defendant's age, sex, family relationship, environment, circumstances and results of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment as set forth in the text shall be determined.