beta
(영문) 광주지방법원 2018.08.22 2018고단1909

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On March 11, 2016, the Defendant was sentenced to ten months of imprisonment by the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) and completed the execution of the said sentence on August 5, 2016.

On May 14, 2018, the Defendant: (a) on May 14, 2018, at the D2 D-2 store located in Gwangju Mine-gu, Gwangju, the Defendant taken pictures against the victim’s will, after the victim E (a person under whose name he/she was shopping in the shopping area, by inserting the smartphone that was prepared in advance so that he/she can be taken by inserting the smartphone, and by taking the inner images of the victim who could cause sexual humiliation or sense of shame.

"2018 Highest 2227"

1. A person subject to registration of personal information shall submit personal information to the head of a police office having jurisdiction over his/her domicile within 30 days from the date a judgment becomes final and conclusive, and where basic personal information submitted in accordance with such change is changed, he/she shall submit the reason therefor and the details of such change within 20 days

On October 14, 2015, the Defendant was detained in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing, such as camera, etc.), but released the Defendant on August 5, 2016.

Nevertheless, the Defendant did not provide the personal information of the Defendant to the head of the competent police station within 20 days from August 5, 2016.

2. On March 11, 2016, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) at the Seoul Central District Court, and ordered to complete a program for 80 hours at a sexual assault treatment program, and the Defendant failed to comply with the direction on the implementation of the program without justifiable grounds by failing to attend the sexual assault treatment program twice without permission on February 28, 2017.

Summary of Evidence

"2018 Highest 1909"

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Mobile phones or shopping bags;