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(영문) 서울중앙지방법원 2018.10.24 2017고단8392

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 4, 2017, at around 09:26, the Defendant: (a) taken the body of the victims against their will to cause a sense of sexual shame by photographing the horses of the victims using a smartphone camera owned by the Defendant from around 14:09 on September 3, 2017 to September 09:26, 2017, from the subway No. 13 mobile stations No. 13 mobile stations No. 13 mobile stations No. 44444, Sep. 4, 2017, the Defendant taken the body of the victims against the victim’s will to cause a sense of sexual humiliation by photographing the horses of the victims at least 17 times in total, as indicated in the list of crimes in attached Form 17.

Summary of Evidence

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

1. Statement made by the police for E;

1. A complaint filed in D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the result of the analysis of digital siren evidence) and investigation report (the confirmation of images stored in the seized mobile phone);

1. Application of the provisions of Chapter 19 to the Acts and subordinate statutes in the course of capturing the video taken by the person under consideration;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

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 Committed to Order;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant taken the body of victims who may cause a sense of sexual humiliation over several times and the object of the crime was an unspecified number of women.

The sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered in consideration of the frequency of the crime of this case and the records.

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sex offenses subject to registration and submission of personal information, the defendant shall be subject to special cases on the punishment, etc. of sexual crimes.