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(영문) 청주지방법원 충주지원 2018.10.12 2018고단480

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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

[criminal history] On August 11, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of assault, etc. in the Chungcheong District Court’s support, and completed the execution of the sentence in the first intersection of the North Korean Branch on June 25, 2018.

[Criminal facts]

1. From around 06:00 on August 8, 2018 to around 07:00 to around 07:00, the Defendant taken the body of the suspect, which was the body of the victim, under the influence of the victim’s knife who was locked by his body due to her unknown body’s knife No. 42 and 304 on August 8, 2018, as a mobile phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. On August 11, 2018, at the place indicated in paragraph (1) around 05:20 on August 11, 2018, the Defendant used a mobile phone, which is a dangerous object, while fighting with the victim due to the use of a mobile phone, and used the parts of the victim’s head at prices of 3 to 4 times and put the victim into an open position where approximately two weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Evidence, photographs, etc.;

1. A special injury scene photograph, etc.;

1. Investigation report (Attachment of a photograph of the damaged part);

1. A medical certificate;

1. - The damaged part photograph;

1. Records of crime: References to inquiries, such as criminal history, (A), investigation reports (reports on the previous conviction of repeated crimes), judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act concerning criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (to take photographs, such as a camera, and to choose a sentence of imprisonment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. To punish sexual crimes exempt from disclosure notification or employment restriction orders;