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(영문) 서울중앙지방법원 2016.04.22 2016고단1240
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

The defendant shall order the completion of sexual assault programs for 80 hours.

Reasons

Punishment of the crime

1. On April 2, 2009, the Defendant taken pictures of the victims’ body parts over a total of 24 times, as shown in the list of crimes attached hereto, from the time on June 3, 2013, using the victim’s cell camera function from among the Dos having sexual intercourse with the victim N who was a female-child room in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mobile phone camera function against their will.

2. On December 5, 201, the Defendant violated the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (sexual traffic) committed sexual traffic by paying the amount of unsound money at a trade name-free commercial establishment located in Seoul and below Seoul, and by comparing with the female employees of the said establishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of investigation (preparation of a list of crimes and confirmation of the scene of crimes) and list of crimes;

1. Photographs of a person to whom he/she has committed a crime;

1. Application of the DVD Acts and subordinate statutes to a copy of screen pictures and photographs, if the victim committed the crime;

1. The relevant Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act on the Protection, etc. of Victims of Sexual Crimes pursuant to Article 5 (10) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes enacted by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply) concerning criminal facts

Article 14-2 subparag. 1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012 (wholly amended by Act No. 11556, Jun. 19, 2013); Article 21 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Jun. 19, 201); Article 13 subparag. 1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Jun. 19, 2013; hereinafter “Attachment

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