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(영문) 수원지방법원 2018.11.08 2018고단5588
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 17, 2018, the Defendant: (a) moved from the subway No. 1 Line B to the Seoul Station in the subway No. 924, the Defendant taken a visual image image of the victim’s body body part in the part adjacent to the victim, when he discovered the victim who suffered a black box in the test color box using a cell phone owned by the Defendant with the camera functions; and (b) discovered the victim who suffered a black box in the test color box using a cell phone owned by the Defendant; and (c) found the victim in the part adjacent to the victim.

On the 15th day of the same month, from around 11:46 to around the above time, the Defendant taken the victim's body body parts at the flood log of the victim 14 times as shown in the annexed crime list.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph before and after a suspect mobile phone), a criminal investigation report (Attachment of a photograph of screen screen of the closure of screen pictures), and a criminal investigation report (Attachment of video recorded by the victim himself/herself) (Attachment of video recorded by the victim);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the 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. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on the instant criminal facts subject to the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article

The defendant's age, occupation, risk of repeating a crime, details and motive of the crime, the method and consequence of the crime.

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