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(영문) 서울서부지방법원 2018.10.10 2018고단2878

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On October 12, 2015, at around 01:54, the Defendant taken the body of the victims over 33 times in total, as shown in the list of crimes in attached Form, in the residence of the victim H (W 29 years old) located near the Gangseo-gu Seoul G Station. The Defendant taken the Defendant’s LG 4 mobile phone camera between the Defendant, which was divingd in the bed in the bed, and taken the body of the victims over 33 times in total, as shown in the list of crimes in attached Table, from January 28, 2018 to January 13, 2018.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. A report of investigation (a list of facts constituting an offense and crimes);

1. Application of the relevant Acts and subordinate statutes to the accusation note, suspect mobile phone extraction file storage;

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. 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 against which a completion order is issued;

1. Not only the body part of the victim H who has taken a confidential physical part of the reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, but also the victim's child-friendly job offering, who has worked for him/her, for at least two years;

In light of the fact that the nature of the crime is not very good in light of the frequency and method of the crime by installing a camera in the women's escape room and photographing the victim I who is a member, etc., and that the victims are seen to have suffered considerable sexual humiliation if they look at the videos taken, etc. of the victims, the crime liability shall be imposed, but the defendant is against his mistake, the victim H does not want the punishment of the defendant, the victim H does not have any record of criminal punishment before the crime of this case, and the crime of the same kind shall be punished for six months.