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(영문) 서울북부지방법원 2014.05.14 2013고단2574
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to five years of imprisonment with prison labor for special robbery, larceny, and three years at the Incheon District Court on June 25, 2009. On October 27, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, night residence intrusion theft, special larceny, and violation of the Specialized Credit Financial Business Act in Gyeyang-gu Branch of the Suwon District Court on October 27, 2009, and the judgment of suspension of execution became effective after the judgment became final and conclusive on March 11, 2010, and was released on April 30, 2013 while serving in prison.

8. 23. The term of punishment has expired.

【Criminal Facts】

At around 04:50 on September 1, 2013, the Defendant tried to photograph the victim’s cell phone converting the victim’s cell phone in the front space of the above woman’s representative, which was located in the “D” room located in the fifth floor of the Seoul Jung-gu Seoul Metropolitan Government building, in order for the victim E (39 years of age, in the column of the woman’s representative machine located adjacent to the above column, and in order to take the urine, the Defendant’s cell phone converting the victim’s cell phone in the front space into the front space of the above woman’s representative box was stored in the front space of the above female representative box, but the Defendant did not discover and sound that part of the victim’s cell phone and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Video CDs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports, and personal identification and confinement status;

1. Article 15 and 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. Article 35 of the Criminal Act among repeated crimes;

1. The punishment as ordered shall be determined in full view of all the circumstances, including the fact that the defendant was committed with the crime of this case during the period of repeated crime and that he did not agree with the victim, although there is no criminal conviction of the defendant for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning

Where a conviction becomes final and conclusive on the criminal facts on the judgment that are subject to registration and submission of personal information, the accused shall be punished for sexual crimes.

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