beta
(영문) 서울남부지방법원 2017.07.19 2017고단2573

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

[Criminal record] On December 18, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the sentence in Seoul Southern Prison on October 26, 2016.

[2] On March 9, 2017, the Defendant taken pictures of female victims at least 11 times in total, as shown in the attached crime list, from November 24, 2016 to March 9, 2017, by inserting the cell phone equipment of the Defendant, Kamera, located in the D Station located in Guro-gu Seoul Metropolitan Government, into the bridge between the victim E (n, 16 years of age), with the victim E (n, the 16 years of age), which could cause a sense of sexual humiliation.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. E statements;

1. Written response to a request for appraisal;

1. Photographss of parts of each victim's body;

1. Previous convictions: Application of a written inquiry, such as inquiry about criminal history, and the current expropriation status of each individual;

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

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 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant on the grounds of sentencing under Article 48(1)1 of the Criminal Act, who committed a crime similar to the instant case, ordered a summary order of KRW 3 million in 2010.