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(영문) 수원지방법원 평택지원 2020.02.18 2020고단55
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 December 18, 2019, at around 21:17, the Defendant intruded into the 1st floor of Pyeongtaek-si B building in order to take the strings of female toilets into the said female toilet, and followed women waiting to enter the said female toilet, waiting to enter the strings of the said female toilet. The Defendant attempted to take the strings of the victim by using the Defendant’s mobile phone camera shooting function of the cell phone camera in order for the victim C (at the age of 21) to have the strings of the victim, but did not have the strings of the victim, but did not have been exposed to the victim and did not have the intent.

Accordingly, the defendant did not commit an attempted crime, even though he attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera with a view to meeting his own sexual purpose, and did not bring the victim's body against his will.

Summary of Evidence

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Records and lists of police seizure;

1. On-site photographs;

1. Re-sections;

1. Attachment of field photographs;

1. Application of the Acts and subordinate statutes to capture CCTV images and to attach photographs thereto;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

1. Article 21 (2) 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 and Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The fact that a sex offense for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act has been re-offending despite the past record of a protective custody disposition for a long time, the fact that there are no forms of reflection on one’s own crime, and there are no forms of reflection on one’s own crime, and the risk of re-offending is also considered.

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