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(영문) 서울서부지방법원 2020.03.25 2018고단3237

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 17, 2018, at around 10:40 on May 17, 2018, the Defendant thought that women’s vain sound in the five floors of Mapo-gu Seoul, Seoul, would take photographs using women’s mobile phone function.

After the Defendant performed a camera function in a mobile phone, the Defendant taken the image of the victim C (the age of 23) (the age of 23) who was seated by putting a camera into the lower space below the side partitions.

Accordingly, the Defendant taken the body of another person, which could cause a sense of shame by using a camera, against his will.

Summary of Evidence

1. Partial statement of the defendant in the police interrogation protocol of the defendant;

1. Police statements prepared by the defendant;

1. A written statement prepared by the victim C;

1. Investigation report (to reply to recovery from cellphones);

1. Application of existing Acts and subordinate statutes on seized gallonos5 (No. 1);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities taken a picture of a woman’s appearance in a toilet. In light of the following, there is no evidence to deem that the relevant method has interviewed and interviewed, the degree of physical exposure to the victim’s body was serious, and there is no evidence to deem that the victim was unable to have been used, and that there was no effort to receive a letter from the victim, it is necessary to punish the Defendant

The age, character and conduct of the accused, and others.