beta
(영문) 울산지방법원 2017.09.07 2017고단2438

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. From around 12:49 on May 23, 2017 to around 13:50 on May 23, 2017, the Defendant, from around 12:49 to around 13:50 on May 23, 2017, at the public toilets adjacent to “E” of the Nam-gu Seoul Metropolitan City, Ulsan-gu, the Defendant: (a) carried out the function of photographing video images on the shore; (b) carried out the function of photographing video images on the shore; and (c) carried the son (n, 22 years old); and (d) took the image of the Victim F (n, 22 years old); and (c) carried the uribu.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the mobile phone camera function against his will.

2. From around 17:02 to around 17:05 on May 23, 2017, the Defendant committed a crime between around 17:05 and around 17:05 on May 23, 2017, at the place specified in paragraph (1) of the facts charged between around 17:02 to around 17:05 on the same day, and at the place, the Defendant tried to carry out the function of photographing visual images and set the tape on both sides, and then the Victim F (the age 22) tried to take a hump and hump the hump, but the victim was not able to find the mobile phone.

As a result, the defendant tried to photograph the body of the victim who could cause a sense of sexual shame by using the mobile phone camera function against his will, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Act and subordinate statutes on video CDs;

1. Article 14 (1) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and the selection of a sentence of imprisonment with prison labor;

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 Criminal Act is that the defendant reflects the crime, and the fact that the victim of this case reached an agreement with the victim is favorable.

However, the defendant plans the subordinate staff of the workplace to commit the crime directly.