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(영문) 대구지방법원 김천지원 2019.08.14 2019고단638
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or quasi-Rape) at the Daejeon High Court on February 11, 2019 and completed the execution of the sentence.

On May 17, 2019, at around 09:25, the Defendant: (a) taken the part of the victim’s body in the C Station located in Gumi-si B, Gumi-si; (b) taken the part of the victim’s knife, knife the knife, knife the knife, knife the knife, knife the knife, and taken the part of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Police seizure records;

1. Each report on internal investigation:

1. Records before and after judgments: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, court rulings, and application of Acts and subordinate statutes on personal confinement status;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) and the choice of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Article 15904) and the main sentence of Article 59-3 (1) of the Act on Welfare

1. The Defendant under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) wants to receive a return of the seized mobile phone device on the ground that the contact information of the persons who are essential to seek and live an occupation after being released from the Defendant.

The video or photograph related to the instant case stored in the mobile phone may be discarded and returned to the mobile phone, but the evidence submitted shall be examined in the aforementioned mobile phone.

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