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(영문) 서울북부지방법원 2017.09.14 2016고단5883

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to 6 months of imprisonment and 1.5 million won of fine in the Seoul Northern District Court on September 8, 2016, and completed the execution of imprisonment.

1. At around November 13, 2016, Defendant 2016, Defendant 5883, on the first floor toilets of the D building in Seongbuk-gu Seoul, Seoul around November 13, 2016, the victim E (the victim E, the female, the age of 22) collected 4 carcas in gallon, and taken the victim's body by putting the victim's gallon jum jum jum jum jum jum jum in the victim's jum jum jum, taking the victim's jum jum jum or sense of sexual humiliation.

2. At around June 22, 2017, Defendant 2017, Defendant 3166, opened and intrudes into a victim G’s residence room in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with a total sum of 30,000 won per annum owned by the victim and a total of 30,000 won.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

Summary of Evidence

[2016 Highest 5883]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. A report on investigation (Attachment of on-site photographs);

1. Protocol of seizure and list of seizure [2017 order 3166];

1. Statement by the defendant in court;

1. Each G statement;

1. Investigation report (Before judgment on CCTV tracking investigation of suspect moving lines), inquiry report, investigation report (verification of repeated crime records, etc.), personal confinement status, and application of sentence-related Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions concerning the facts constituting an offense, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a point of photographing a camera and of selecting a punishment by imprisonment with prison labor) and Article 330 of the Criminal Act (a point of larceny by intrusion at night);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.