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(영문) 수원지방법원 안양지원 2017.01.13 2016고단1739
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 17, 2016, the Defendant taken the body parts of the victimized women, whose names were not known, using the screen pictures of smartphone (Evidence No. 1) 33 seconds from the subway No. 4 line E in the city of Ansan-si around 07, the Defendant used the screen pictures of smartphone (Evidence No. 1) from the subway No. 4 line E in the city of Ansan-si. 4, the Defendant taken the front body parts of the victimized women whose names were unknown.

2. Around 07:19 on the same day as the above paragraph 1, the Defendant taken the parts of the parts of the body in the damaged female whose name was a short satis in the white background of approximately 2 minutes and 21 seconds in the same manner as the above paragraph 1 in light of the same manner as above.

3. Around 20:50 on the same day as the above paragraph 1, the Defendant taken the lower body part of the body of the victimized woman, where it is impossible to find out the name suffered from approximately 1 minute 33 seconds in the same manner as the above paragraph 1, in light of the same manner as that of the above paragraph 1.

4. Around 20:57 on the same day as the above paragraph 1, the Defendant taken a body part of the victimized female, whose name was suffering from approximately 2 minutes and 25 seconds in the same manner as the above paragraph 1, and whose name could not be known, taken off at around 20:57 the lower body part of the victimized female.

5. Around 21:02 on the same day as the above paragraph 1, the Defendant taken the lower body part of the body of the victimized woman, where it is impossible to find out the name of the Defendant who suffered a shorter source of approximately two minutes and four seconds in the same manner as the above paragraph 1, at around 21:02.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report of investigation (any case concerning photographing and analyzing seized articles 1);

1. Application of the photographic Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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