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(영문) 광주지방법원 2018.07.04 2018고단1788
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On October 14, 2016, the Defendant was sentenced to six months of imprisonment for compulsory indecent act at the Gwangju District Court, and completed the execution of the sentence at the Gwangju District Court on May 16, 2017.

[2] On December 20, 2017, the Defendant: (a) around 05:55 on December 20, 2017, around the residence of the victim D (Woo, 19 years of age) located in Gwangju Seo-gu; (b) opened a window closed to view the melting side of the victim, and intrudes into the window with the window door, thereby impairing the victim’s inner part; and (c) taken the image of viewing the victim’s movement using the cell phone with the camera installed.

As a result, the defendant intrudes on the residence of the victim, and took photographs of another person's body that may cause sexual humiliation or shame, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history;

1. Relevant legal provisions concerning the crime, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Punishment, etc. of Sexual Crimes (the point of taking pictures, such as cameras), Article 319(1) of the Criminal Act (the point of intrusion upon residence), the selection of imprisonment with prison labor;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Reasons for sentencing - favorable circumstances: The defendant's mistake is recognized; the defendant has agreed with the victim; the defendant committed a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2009 (Indecent Acts in a concentrated place), and the defendant committed an indecent act in 2016.

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