beta
(영문) 서울남부지방법원 2018.07.06 2018고단1185

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On November 9, 2017, at around 22:00, the Defendant affected a structure: D’, operated by the victim C in Guro-gu Seoul Metropolitan Government, entering a female toilet while drinking alcohol at the main shop, with a view to viewing women to have a melting change into his/her mobile phone camera, and entered the room, against the victim’s will who manages the said toilet, and went back to the bar.

Accordingly, the defendant intruded on a structure against the victim's will.

2. On November 22, 2017, the Defendant taken the body of the victim E (the age of 24) (the age of 24) who was in motion with a cell phone by inserting S8 mobile phones in a crepans below the crepans in his gallon around November 22, 2017 when the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.).

Accordingly, the defendant taken the body parts against his will that could cause sexual humiliation or shame without the consent of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion on buildings, the choice of imprisonment), and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of carmers, the occupation of photographing and photographing, and the choice of imprisonment);

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. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be taken into account of the following: (a) the method and content of the instant crime; (b) the investigation experience and criminal punishment for the same crime committed by the Defendant (one time suspension of indictment; one time fines); and (c) the circumstances of the instant crime committed while being investigated for the same crime; (d) considering the agreement with the victim; and (e) the reflectness of the Defendant; and (e) taking into account all other factors such as the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime