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(영문) 수원지방법원 안양지원 2017.10.13 2017고단958
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 7, 2017, the Defendant discovered the victim E (the age 32) who was sittingd with the victim E (the age 32), which was located in Overcheon-si, D 1 indoor viewing stand, and the Defendant taken the victim’s bucks, which could cause sexual humiliation or shame by using smartphone (Evidence No. 1) owned by the Defendant with the inner function, against his will, by using the smartphone (Evidence No. 1).

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

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

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes concerning the closure of a victim's photographic image;

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

1. Article 16 (2) 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. The defendant and his defense counsel asserts that the defendant was in a state of mental and physical weakness due to mental illness at the time of committing the instant crime, as to the determination of mental and physical weakness under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 49(1) main text and Article 50(1) main text of the Act on the Protection of Juveniles from Sexual Abuse.

However, in full view of all the circumstances revealed by the evidence duly examined by the court of this case, including the background of the crime in this case, the details and form of the crime, and the defendant's behavior before and after the crime in this case, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to mental illness, etc.

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

Sentencing - Unfavorable circumstances: The Defendant committed the instant crime in spite of his/her name at the four times, as well as having been sentenced to a suspended sentence of one year in April of imprisonment for the same crime on September 12, 2014; and the Defendant committed the instant crime in spite of his/her name.

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