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(영문) 서울동부지방법원 2019.07.18 2019고단1346
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 23, 2016, at around 03:42, the Defendant: (a) taken the image of female-friendly job offers victim D (one person, two-one year old) sexual intercourse with the Defendant using a super-small camera installed in the table of the Defendant at the Defendant’s house located in Gangnam-gu Seoul apartment and C; (b) taken the image of female-friendly job offers victim D (one person, two-one year old) in the body of body; and (c) taken the image of the Defendant’s sexual intercourse with the Defendant using the super-small camera in the shape of the wall location in which the Defendant installed in advance at the toilet, and (d) taken the image of the victim being mixed with the body of the victim from around 2013 to March 20, 2019, without obtaining the consent of 30 female victims, such as the list of crimes, as indicated in the attached list of crimes, and taken the victim’s sexual intercourse with the Defendant, over 57 times in total.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D (tentative), E (tentative), F (tentative), G (tentative), H (tentative), I, J (tentative), K (tentative), and L;

1. Application of the Acts and subordinate statutes to each seizure record, a photograph of seized articles, a photo of the site of seizure, and a photograph of related screen pictures;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Articles 13(1) of the former Act on Special Cases Concerning the Punishment,

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which requires disclosure or notification;

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