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(영문) 수원지방법원 성남지원 2018.09.07 2018고단1063
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 08:00 on April 4, 2018, the Defendant taken a photograph of the victim’s bridge, a female woman, who may cause sexual humiliation or shame using a camera attached to a smartphone, in a gallon 4 line in Seoul, Singu, by the Defendant, against the victim’s will. Around 08:58 on the same day, the Defendant posted a notice on the Internet, “C” (including posting it on the Internet) and displayed it on the Internet, and displayed it in total eight times against the victims’ will, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Shots posted and the closure of a sign language;

1. Application of Acts and subordinate statutes to report internal investigation (specific matters on warrants and human resources);

1. 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. 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 grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order completion of a program show the attitude of the Defendant to confession and reflect each of the crimes in this case, and the fact that each of the images stated in the ruling alone appears to make it difficult for the victims to be specified

However, the Defendant had two previous convictions in the same line, and the Defendant, without being aware of, joined the NAV on November 2, 2016, immediately after the period of suspension of execution expires due to his previous convictions. On November 3, 2016, the Defendant started to post the images of the attached list 8 on the following day of the same month. From January 2018 to April 4, 2018, he/she posted the images of which he/she had taken seven times or more from around January 2018 to April 2018.

Although the defendant seems to have some intellectual obstacles, the above circumstances and the defendant have joined and acted in the Banb, and the video that he has posted.

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