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(영문) 대전지방법원 서산지원 2016.11.18 2016고단567

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

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

Reasons

Punishment of the crime

"2016 Highest 567"

1. 피고인은 2016. 6. 3. 11:53경 서산시 C에 있는 D 대합실에서 피해자 E(가명)가 치마를 입고 있는 모습을 보고 피해자의 다리 사이를 촬영하고 싶은 마음이 생겨 피해자의 뒤로 접근하여, 카메라가 내장된 피고인의 휴대전화를 동영상 촬영 모드로 전환한 후 바닥에서 무엇인가를 줍는 시늉을 하면서 피해자의 다리 사이로 위 휴대전화를 집어넣어 성적 수치심을 유발할 수 있는 피해자의 다리 사이를 그 의사에 반하여 촬영하였다.

"2016 Highest 637"

2. On August 23, 2016, at around 18:20, the Defendant had a large number of people, including the victim F (the victim F (the 56-year old), waiting for buses on the bus platform in the above D, who continued to talk with his/her sexual organ, and the upper part of his/her sexual organ installed with his/her sexual organ was protruding back, and had his/her own sexual organ back to the mother of his/her female and his/her her mother who was born with his/her sexual organ.

3. On September 3, 2016, around 16:27, the Defendant: (a) boarded the G bus from the above D on September 3, 2016; and (b) taken the victim H (a) who was seated at the lower her scopical seat of his own ray by using the video-recording function of his cell phone; (c) taken the victim H (a) who was seated on the lower scopic seat of his own cell phone; and (d) committed an obscene act openly by using the method of making his scopic hands above

Summary of Evidence

"2016 Highest 567"

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV video CDs and digital evidence analysis reports;

1. Protocol of seizure "2016No637";

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs in buses;

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 245 of the Criminal Act and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;