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(영문) 서울중앙지방법원 2017.12.21 2017고단6603

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Records] On September 11, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Kameras et al.) at the Seoul Central District Court.

In addition, on July 4, 2013, the defendant was sentenced to three years of imprisonment by the Seoul High Court due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, and completed the execution of the sentence on October 6, 2015.

[2017 Highest 6603] On September 6, 2017, the Defendant taken the body of the victim, who could cause sexual humiliation or shame, against his will, by taking a photograph of the body of the victim, such as bucks, by using his cell phone camera function from the victim I, following the victim I, using his cell phone camera function in the direction of the victim I.

[2017 Highest 7926] On September 6, 2017, at around 20:0, the Defendant taken the body parts, such as buckbucks, etc. of women, who suffered 4 times in total, on the same day, after a victim (if he/she is no longer, his/her age) who was unable to identify his/her name in the subway 7 line K Esplate located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan GovernmentJ, and taken the body parts of the victim, such as buckbucks, etc., under his/her cell phone, against the victim's will.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone with the camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Data on images of on-site CCTV images;

1. Results of analysis of digital evidence;

1. Investigation report (verification of cell phone images of seized articles);

1. Previous conviction: Application of a written inquiry, a written inquiry, a criminal investigation report (181 pages, 192 pages of evidence), and statutes;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable to the relevant criminal facts and selective punishment, shall be punished by imprisonment;