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(영문) 수원지방법원 안산지원 2017.08.16 2017고단1324
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 40 hours.

Reasons

Punishment of the crime

On February 19, 2017, the Defendant: (a) had a mind to view the change of melting female toilets; (b) had entered the front partitions of female toilets on the 1st floor of the building, Ansan-si, the 14:22 on the same day; and (c) had the Defendant’s mobile phone collected the Defendant’s mobile phone in the lower space; and (d) taken the victim’s body part against the victim’s will against the victim’s will.

From that time until 14:45 of the same day, the Defendant taken the body of the victims three times in the same manner as the list of crimes in attached Form 1.

Accordingly, the defendant taken the body of the victims who could cause a sense of shame by using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

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

1. Application of the Acts and subordinate statutes to photographs and photographs of each field involved in each additional crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reasons for sentencing under Article 48(1) of the Criminal Act are as follows; comprehensively taking account of the following circumstances, the sentencing conditions specified in the argument of the instant case, including the Defendant’s age, sexual conduct, career, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, the sentence is determined as ordered.

[Unfavorable Conditions] The defendant is a defendant.

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