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(영문) 서울동부지방법원 2015.10.23 2013고단3394
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 19:00 on September 23, 2013, the Defendant: (a) opened “C” stores located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) opened as if he saw he saw he she gets off the victim D (the age of 26); and (c) opened on the part of the victim’s name influence (nick, her age) and taken a fluence of the Defendant’s cell phone by putting the Defendant’s cell phone into the fluence of the victims.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

On June 9, 2014, the Defendant, around 15:15, 2014, called “F” on the first floor of the building underground in Songpa-gu Seoul E-building, provided that “F” to the victim G (n, 20 years of age, who is an employee of the skin room, “The number of years of age to adjust the computer monitoring screen is different from the number of years of age,” and committed an indecent act by force against the victim while the victim operates the screen.

Accordingly, the defendant committed an indecent act against the victim at a place where the public is concentrated.

Summary of Evidence

"2013 Highest 3394"

1. Statement of the accused in the third protocol of trial;

1. Statement made to D by the police;

1. The list of seizure;

1. A criminal investigation report (verification ofCCTV image data), investigation report ( restoration of digital franchise-type smartphones);

1. "2014 Highest 2593" as a result of the analysis by the Supreme Prosecutors' Office of Supreme Prosecutors;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);

1. Relevant Articles 14(1) and 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (hereafter referred to as "actful act at a public gathering place"), and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. For the reason of sentencing under Article 48(1) of the Criminal Act, victims shall be deemed to have committed the instant crime.

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