logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.04.08 2015고단451
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 2, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) reported that D's toilets, E (influence, age 30) around D's toilets, Seo-gu, Daejeon, Daejeon, enter toilets into toilets, and entered the victim's view of melting the change.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing) taken the form of the victim’s defense with a mobile phone with the inner function of the camera function, where the victim E is located at the same time and place as paragraph (1).

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to E and F (Evidence No. 15);

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc., Selection of Imprisonment), and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes above two crimes];

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Not more than six years of imprisonment with prison labor within the scope of punishment by law;

2. The crimes in each judgment on the application of the sentencing criteria shall be committed.

arrow