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(영문) 서울남부지방법원 2019.02.15 2018고단5649
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 18:05 on March 30, 2016, the Defendant: (a) opened his cell phone (Evidence No. 1)’s cell phone shooting function; (b) opened the mabane in order to run it; and (c) opened the remainder except the string part of the cellular phone due to an excessive manager, etc.; and (d) opened the bucker under the center of the victim’s flab in which the flabs suffered by any of the flabs; and (b) taken the flabbs and the flabs of the victim’s flabs from that time to April 28, 2018, as indicated in the attached list of crimes, the Defendant taken the 153 screen of the flabs in total.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. The application of each investigation report, evidence list of video images, and motion picture caps which are evidential materials, and the application of photographic Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment, respectively, with prison labor

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

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the number, contents, and frequency, etc. of the instant crime shall be taken into account; taking into account the fact that the Defendant is against his/her will, the sentence identical to the order shall be imposed by taking into account the following factors: the Defendant’s prosecution disposition experience (same-down, suspension of indictment), age, character and conduct, environment, family relationship, circumstances after the commission of the crime, etc.

When a conviction on a sex offense subject to registration becomes final and conclusive, the accused shall be punished, etc. of sexual crimes.

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