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(영문) 수원지방법원 2016.05.26 2015고단6223
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

The defendant shall be ordered to take lectures for the treatment of sexual assault for 80 hours.

Reasons

Punishment of the crime

1. On November 5, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “E”), on the first floor of the “E” commercial building located in Suwon-si D at around 00:05, the Defendant intruded into a female toilet with a view to satisfying his/her sexual desire by taking a melting woman who is viewed as a melting side, in order to satisfy his/her sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing, such as camera, etc.) Defendant 1 entered the above date, time, and the second common part of the common part in which a representative machine is installed at the above place, and closed the door, and she tried to take the form against the victim’s will by entering the common part for disabled persons installed on the above common part of the victim F (n.e., 22 years old) into the common part for disabled persons installed on the above common part of the above common part, and by inserting the common part of the toilet and the toilet partition under the private part of the victim’s own telephone, but he attempted to take the form against the victim’s will. However, the victim was found

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (the attempted use, photographing, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the 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. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was 6 months of imprisonment with prison labor for the same crime and 2 years of suspended sentence, and the defendant again went to commit the instant crime even though he was in the period of suspended sentence. In light of the type and method of the instant crime, the victim’s intent to punish the crime is inevitable.

The defendant's mistake is recognized and reflected, and the defendant's crime of taking pictures, such as camera, is considered to have committed an attempted crime, and the age of the defendant is specified.

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