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(영문) 수원지방법원 성남지원 2018.11.30 2018고단2204

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

The defendant is a substitute driver, and the victim B (the name, the leisure, the age of 28) and the victim C (the age of 29) are the customers of the defendant.

On August 25, 2018, the Defendant driven a D vehicle on behalf of the victim to the F parking lot located in the Sector E, and taken photographs of the victim B’s bridge, bucks, bucks, and bucks, etc., which the victim was able to sleepd by using the suck in the back seat of the vehicle under the influence of alcohol. The Defendant taken photographs of the victim C’s bucks, bucks, and bucks, etc., which were divingd by the victim B’s cell phone.

Defendant took photographs of the body of the victims, including the above crimes, from July 14, 2018 to August 25, 2018, who could cause sexual humiliation or shame on nine occasions in total, such as the list of crimes, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. B written statements;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on suspected mobile phone information;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act shows the attitude of the Defendant to make a confession of each of the crimes in this case and to reflect in the truth, and the Defendant used the above images separately stored or otherwise used them.

The fact that there is no visible data shall be actively considered in favor of the defendant.

However, in the case of crimes against victims B and C, the defendant has a criminal record of the same suspension of execution, and the number of crimes is up to nine times in total, and in the case of crimes against victims B and C, the defendant