beta
(영문) 전주지방법원 남원지원 2021.01.12 2020고단254

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around September 11:54, 2020, the Defendant discovered the damaged women’s body, which may cause sexual humiliation or sense of shame around the National Assembly member of the “C Mental Health Department” located in Namwon-si B, and found out the damaged women’s body against the victimized women’s will, as indicated in the separate crime list, which could cause sexual humiliation or sense of shame, by using the gallon function of “gallon 4” smartphone, the Defendant owned by the Defendant. The Defendant taken pictures of the damaged women’s body against the victimized women’s will, from that time, who might cause sexual humiliation or sense of shame, from that time until September 4, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in D or E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs by capturing on September 2, 202, on September 3, 2020, on September 3, 2020, and on September 4, 2020.

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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 main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main text of Article 49(1) and Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202)

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and to be submitted under Article 48(1)1 of the Confiscation Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with labor for one month to ten years;

2. Determination of sentence: Imprisonment; and