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(영문) 의정부지방법원 2016.12.12 2016고단3167

공연음란등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2016 Highest 3167"

1. On August 2, 2016, around 18:00, the Defendant made a public performance obscene act by openly seeing that 10 books, such as G, H, I, etc. from E 2nd E in Namyang-si, Namyang-si, as he reported books from the above F, and allowing the Defendant to take the Defendant’s sexual organ out of his sexual organ, and look at the Defendant’s sexual organ from which the above G, etc. occurred.

"2016 Highest 3772"

2. On May 7, 2016, at around 21:55, the Defendant publicly obscenity committed an obscene act by openly making soup, making soup and making soup at the third floor of K’s third floor, “K” located in Seongbuk-gu Seoul High Court, 19 years old, and M(20 years old), after making soup and making soup joints at the victim L(19 years old, 19 years old, 20 years old, 20 years old, 20 years old, 20 years old, 1m of the soup and making the victims 1m of the soup joints of the soup.

3. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수 피고인은 위 '1'항과 같은 일시 및 장소에서 피해자들의 신체를 몰래 촬영하기 위하여 위와 같이 성기를 보인 채 누운 상태에서 자신의 배 위에 휴대하고 있던 휴대전화기를 올려놓고 휴대전화기 내장 카메라 렌즈를 피해자들을 향하여 조준한 후 동영상 촬영 버튼을 눌러 피해자들을 촬영하려고 하였으나 이를 눈치 챈 피해자들에게 발각되는 바람에 미수에 그쳤다.

Summary of Evidence

"2016 Highest 3167"

1. Defendant's legal statement;

1. Each statement of G, H and I;

1. On-site photographs;

1. Spatial photographs of the suspect;

1. Two CCTV video CDs "2016 Highest 3772";

1. Defendant's legal statement;

1. Statement of each police statement on L/M;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Each investigation report (STV image and cell phone data recovery file);

1. Requests for results of digital evidence analysis;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 245 of the Criminal Act and Article 245 of the Act on the Punishment, etc. of Sexual Crimes.