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(영문) 광주지방법원 순천지원 2015.12.04 2015고단1570

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the order of the Gwangju District Court on August 13, 2015 and the said judgment became final and conclusive on August 21, 2015.

The defendant was a person who visited the D's main points in C when the victim B (the 25-year-old age is the victim).

At around 05:30 on June 18, 2015, the Defendant: (a) considered the victim’s house, while drinking alcohol at the bar, after drinking alcohol from the pel point, to turn on the victim’s house toilet; and (b) took a photograph against the victim’s will, after having operated the recording function of the mobile phone, taken the victim’s screen, which could cause sexual humiliation by putting the cell phone up through the toilet window located on the front side of the toilet, and caused sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigative reports (report accompanied by written judgments);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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