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(영문) 전주지방법원남원지원 2020.10.13 2020고단217
준강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who served as a social work personnel member in C from August 2, 2015 to July 2017.

The defendant, using a mobile phone camera or small camera purchased from the Internet, had female patients, nurses, or buses with the body parts of many and unspecified women, such as body body, clothes, legs, etc., which are accompanied by the mobile phone camera or a small camera purchased at the Internet, in a photograph and dynamic image.

1. Quasi-decent acts;

A. On September 27, 2016, the Defendant: (a) around September 27, 2016, around September 27, 2016, a female victim, whose name cannot be known in the above C recovery room, was inspected at the surface of the water; (b) was still in the state of anesthesia in the body of the victim; and (c) was able to take the victim’s body in his/her hand to photograph the body of the victim; and (d) was exposed to the victim’s right chest and fluid.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

나. 2016. 10. 11.경 범행 피고인은 2016. 10. 11.경 위 C 회복실에서 이름을 알 수 없는 여성 피해자가 수면 내시경 검사를 받은 후 아직 수면 마취 상태에 있는 것을 기화로 피해자의 신체를 몰래 촬영하기 위해 피해자가 입고 있던 검진용 가운의 앞섶을 손으로 잡고 좌우로 벌려 피해자의 양쪽 가슴과 유두를 노출시켰다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) excluded, at the time and place set forth in paragraph (1) of Article 1, the Defendant taken photographs of the victim’s face and chests by using the Defendant’s cell phone camera from, and exposing, the winder of a female victim whose name cannot be known in the same manner as paragraph (1) of Article 1;

In addition, the defendant is attached in the same manner from November 12, 2015 to August 21, 2019.

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