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(영문) 광주지방법원 2020.11.04 2020고단4704
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be determined by one year and two months.

A sexual assault treatment program for 40 hours is provided to the defendant.

Reasons

Punishment of the crime

[criminal power] On August 22, 2018, the Defendant is a person who was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Gwangju District Court (hereinafter “Camera”) and completed the execution of the sentence in a wooden prison on May 16, 2020.

【Criminal Facts】

On September 11, 2020, at around 22:12, the Defendant taken a photograph of the body of a person against the victim against his will that may cause sexual humiliation or sense of shame, using a camera or other mechanical device equipped with similar functions, such as the list of crimes in attached Form, taken six times from September 11, 2020 to September 22:12, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Report on investigation records of seizure (related to confirmation of the scene of crime as a result of digital siren analysis) and report on analysis of digital evidence;

1. Previous convictions in judgment: Investigation report (verification of majority of suspects' records and repeated crimes) and application of Acts and subordinate statutes to the status of confinement of individuals;

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

1. Article 35 of the Criminal Act for the aggravation of repeated crimes (for each crime in the market):

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The 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, the main sentence of Article 56(1) and (2) 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.

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