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(영문) 서울서부지방법원 2020.03.18 2019고단4533

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On September 10, 2019, at around 19:04, the Defendant taken the body of the victims at least 38 times in total, as shown in the attached list of crimes, from around 08:49 on May 8, 2019 to September 19, 2019, by using the cell phone camera function of the Defendant, and taking the parts of the victim’s bucker bucks, in a video screen using the cell phone camera function.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the cell phone camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Each investigation report (the result of the extraction of sirens, such as attachment of CCTVs, the results of the extraction thereof, field photographs, and the verification of suspect photographic images);

1. One copy of CCTV-cap photographs, criminal fact-finding restoration data, one copy of Cdd-1, ctv Cd-1 of building B;

1. Application of existing Acts and subordinate statutes of seized jugal jus (No. 1);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of possession of cameras, etc.) and the selection of imprisonment with prison labor for the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes committed with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amera, etc. and Screening) stated in attached Table No. 37 with the largest penalty) from among concurrent crimes;

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. The sentencing conditions under 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 Act on Welfare of Persons with Disabilities shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means, circumstances after committing the crime:

the terms and conditions favorable.