logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.21 2017고단3327
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On May 23, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Jung-gu District Court on May 23, 2016, and completed the execution of the sentence at Anyang Prison on October 16, 20

On May 7, 2017, at around 08:14, the Defendant took a photograph of the victim’s bridge of the victim F (n, 17 years old) using the mobile phone camera function in the library reading room in Gangnam-gu Seoul, Seoul.

In addition, from January 2017 to around that time, the Defendant taken pictures of the victims of 14 female victims, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a telephone carried device with a camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Each statement;

1. Each report on investigation;

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

1. The application of the Acts and subordinate statutes concerning the photograph of seized articles, photograph of the victim's bridge taken by the victim, and photograph of crimes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant is 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 the Defendant is obligated to submit personal information to the competent agency in accordance with Article 43

The age, occupation, risk of recidivism, motive for committing the instant crime, method of crime, and exemption from disclosure order and notification order.

arrow