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(영문) 의정부지방법원 2018.10.26 2018고단3827
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 40 hours.

Reasons

Punishment of the crime

On March 30, 2015, the Defendant was sentenced to six months of imprisonment for a crime of intrusion upon residence by the District Court, and on September 26, 2015, the Defendant completed the execution of the sentence in the Chuncheon prison.

On September 4, 2018, the Defendant used a video recording function of C mobile phone from the 5th floor B lending B, 2018, taking advantage of the video photographing function of C mobile phone, and taken the body exposed to the chest of the victim E (the name, E, 47 years old) who completed showering at the residence of DB lending located adjacent to the said building against the victim’s will.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. AF statement;

1. A protocol of seizure and a list of seizure;

1. A mobile phone of the victim and a photographic image;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to judgment, etc. of repeated crime history);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction on a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, the seriousness of the crime, and the degree and expected side effects of the disadvantage of the defendant resulting from the disclosure order or notification order of personal information.

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