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(영문) 서울중앙지방법원 2018.01.12 2017고단8038
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 40 hours.

Reasons

Punishment of the crime

1. On August 25, 2017, at around 09:04, the Defendant took a photograph of the victim’s bucks by using the Defendant’s cell phone camera function, on the name of the bucker’s bucker, who was seated in the front buck drive in the c station located in Gwanak-gu, Seoul Special Metropolitan City.

2. On August 25, 2017, around 19:48, the Defendant taken a photograph of the part of the victim’s buckbucks by using the Defendant’s cell phone camera function in the front-dong car, which was operated from the locking room of the Songpa-gu Seoul Olympic Games to the C basin protection area.

3. On August 26, 2017, around 16:00, the Defendant: (a) taken the part of the instant victim’s buckbucks using the Defendant’s cell phone camera function in front of the exit area No. 1 located in Gwanak-gu, Seoul Special Metropolitan City, according to the name of the victim, who was influence of the black pattern, and the name that was influence of verification color.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation over three times against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (Attachment of evidential materials) - Application of photographic Acts and subordinate statutes;

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

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 sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent agency in accordance with Article 43

The defendant's age, occupation, risk of recidivism, and this case is exempted from the disclosure order and notification order.

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