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(영문) 광주지방법원 순천지원 2019.08.29 2019고합34

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

1.(a)

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant has completed a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 2018, the Defendant purchased a small camera (4 cm in length) in the USB form, which has the function of photographing videos via the Internet, for approximately KRW 100,00,000, and had the Defendant take the body part of the women by installing it in a bath room or a female toilet.

From September 2018 to October 2010, the Defendant: (a) opened the above camera at the place of residence of a person living in Bosung-gun, Bosung-gun, a person living together with the Defendant, installed the above camera on his three sides; and (b) divided the video camera into the screen screen; (c) taken the screen picture of the body shower of the body of his her son’s first his son’s her son’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning F, G, H, I, J, K, and L;

1. Stenographic records (M)

1. Each investigation report (a photograph taken by the injured party with his/her mermera to take a photograph of the video taken by the injured party), a photograph;

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

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Special cases concerning the punishment, etc. of sexual crimes exempt from disclosure and notification orders;