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(영문) 춘천지방법원 원주지원 2015.09.23 2015고단595
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. Around July 7, 2014, the Defendant taken the victim’s panty and panty of the victim under the influence of alcohol at the victim D (n, 24 years of age)’s residence, and taken the victim’s panty against his/her will, using a camera attached to the Defendant’s cell phone device, which might cause sexual humiliation or shame.

B. On September 20, 2014, the Defendant taken a chest by using a camera attached to the Defendant’s cell phone device at the victim’s residence, and taken the victim’s body against his will that could cause sexual humiliation or sense of shame, taking the chest and panty in his hand, and taken the victim’s body against the victim’s will.

2. Around January 6, 2015, the Defendant printed out the sound and chest photographs of the victim taken as prescribed in paragraph (1) of this Article, and sent them by mail and sent them to the victim’s residence on January 8, 2015.

Accordingly, the Defendant sent pictures that cause sexual humiliation or aversion to the victim through the communication media with a view to inducing or satisfaction of his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

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

1. Application of each photograph, postal envelope, or letter-post statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of view in the use of a camera), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of view in the use of communications media) and the selection of imprisonment with prison labor, respectively;

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

1. The punishment, etc. of sexual crimes committed against him/her;

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