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(영문) 창원지방법원 2018.08.31 2018고단1365

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of two years for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (indecent Acts by force) at the Busan District Court on October 21, 2016, and was sentenced to a suspended sentence of four years for a period of imprisonment. The judgment on October 29, 2016 becomes final and conclusive, and is currently under suspended sentence.

[Criminal facts]

1. Special cases concerning the punishment, etc. of sexual crimes (copis and photographs);

A. On February 10, 2018, the Defendant: (a) taken a female victim’s name unfucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s bucker’s buck on May 9 and May 16, 2018; and (b) registered the Defendant’s bucker’s bucker’s buck, etc. on the street from May 20 to May 20, 2018 in the same way.

Accordingly, the Defendant took photographs of another person’s body, which may cause sexual humiliation or sense of shame, against his will, using a mechanical device with a camera function, and displayed the pictures openly.

B. On October 2017, the Defendant: (a) installed a smartphone at the Heel room located in the Jurdo G in Busan, Seo-gu, Busan; (b) taken a sexual intercourse with the said victim in a way of sexual intercourse; and (c) taken a sexual intercourse with the said victim on 15 occasions from that time to April 20, 2018; and (d) taken a body part of the female, such as bucks, bucks, bucks, bucks, etc. of the said female in a smartphone with a sexual intercourse on 15 occasions in total.