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(영문) 수원지방법원 2018.12.13 2018고단5386
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 5, 2018, at around 23:10, the Defendant, using a mobile phone with a camera function, taken a screen of the victim C (the age of 22) using a mobile phone with a camera function.

In addition, the Defendant taken 10 times in total from November 25, 2017 to April 5, 2018, the victims from D and E, as shown in the list of crimes in attached Form D and E, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Investigation report (as to the first analysis of data for response to digital analysis of personal phones), investigation report (as to the second analysis of data for response to digital analysis of personal phones):

1. Application of the Act and subordinate statutes to a criminal investigation report (as to the attachment of a victim’s specific photograph), an investigation report (as to the closure report of the video images);

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. 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 subject to the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and the duty to report is finalized, 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 is obligated to submit personal information to a competent agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and it can be achieved due to the expected side effects.

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