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(영문) 서울중앙지방법원 2016.09.23 2016고단4424

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment for eight months with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Chuncheon District Court on June 3, 2016, and was sentenced to two years of suspension of execution on June 9, 2016, and the prosecutor appealed on June 9, 2016 and is still pending in the appellate trial.

[2] On June 25, 2016, around 10:57, the Defendant taken screen pictures of the victim E (24 taxes) using a camera recording function in a portable phone located in the second floor of the building underground in Seocho-gu Seoul, Seocho-gu, Seoul.

On June 25, 2016, from 00:09 on June 25, 2016 to around that time, the Defendant taken pictures of the victims 73 times in total, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of other persons who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Investigation report ( investigation of the video taken by the person under investigation) and the photograph by capturing the dynamic image attached thereto;

1. Application of Acts and subordinate statutes to photographs by capturing each screen image accompanied by a report on investigation (Adjustment of crime sight table);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is a case in which the victims’ body was taken by a mass letter or a escape room for the reason of sentencing, and is bad, and the crime has been committed at the same time immediately after the sentence of a suspended sentence for the same crime was sentenced, and the sentence is imposed, and the case taken at the same place on the same day is deemed to have no intention to spread the image, and is deemed to have been agreed with the victim E.