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(영문) 춘천지방법원 강릉지원 2017.06.27 2017고단338
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

Reasons

Punishment of the crime

1. On March 7, 2017, from around 04:05 to around 04:36 of the same day, the Defendant taken nine photographs of the victim’s sexual flag and the part of the port on the part of the Defendant’s smartphone functions using the Defendant’s smartphone camera to take the panty in the bedroom, Da (n, 36 years of age), a workplace partner D (n, n, n.e., n., n., a worker) who fl.e., fl., fl., fl.s., fl.s., fl.s.) under the influence of the Defendant’s fl.s. 301.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. The quasi-indecent act Defendant took photographs of the body of the victim as stated in the above paragraph (1) at the time, place, and as stated in the above paragraph (1), and became aware of the victim’s resistance with his hand and her son.

Accordingly, the defendant committed an indecent act on the part of the victim by using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Answers on results of digital evidence analysis, application of Acts and subordinate statutes on damaged photographs;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Crime, Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (a point of using and photographing cameras and others), Articles 299 and 298 of the Criminal Act (a point of using a quasi-

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

1. Where a conviction against a defendant is finalized on each of the facts constituting a sex offense subject to registration, which is subject to the registration and submission of 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 head of the competent police office pursuant to Article 43 of the

The defendant's age, occupation, and exemption from the disclosure order or notification order;

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