성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
A defendant shall be punished by imprisonment for not less than eight months.
To order the defendant to complete 80 hours of sexual assault treatment program.
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);
A. On February 20, 2012, the Defendant taken one time against his will the victim’s chest and sound, etc. exposed to the victim’s chest, etc., who was locked off from clothes using the cellular phone (D) Samsung Taltha jusa, located in Samsung Taltha 702, while working together with the victim’s C (n, 42 years of age) at the galthyel located in the city of Gyeongnam-si, 2012.
B. On July 31, 2012, the Defendant distributed the victim’s b body pictures to 33 persons, including H(I), by accessing the victim’s b body pictures to another mobile phone (G) while transmitting and keeping them to another mobile phone (G), at the construction site of the F pharmacy located in the Jeoncheon-si, Jeoncheon-si. The Defendant distributed them by transmitting the victim’s b body pictures to 33 persons, including H(I).
2. At around 19:00 on March 10, 2012, the Defendant discovered that a thief passenger car was parked in the L-to-purd passenger car driven by the victim at the K-to-K station parking lot located in JJ at the Hacheon-si, J, and that the Defendant stolen by using the spare keys of the said car, which was in ordinary possession, and by using the spare key of the said car, a vehicle was opened and a mobile phone of Samsung C&M equivalent to 400,000 won owned by the victim and was placed adjacent to the driver’s seat.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and H;
1. Application of the law Nos. 3 and 5 to the evidence list
1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as cameras, and the point of distributing photographs), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes.
1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant confessions the crime of this case and reflects the mistake.