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(영문) 서울서부지방법원 2016.12.14 2016고단2713
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 4, 2016, at around 05:22, the Defendant performed the Defendant’s mobile image photographing function of the Defendant’s mobile phone in front of the toilet windows located in Mapo-gu Seoul Metropolitan Government (the Netherlands’s nationality, leisure, age 21) at his/her residence, and recorded the victim’s personal body toward the window and taken the victim’s personal body.

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

2. The Defendant, at around 09:21 on the same day as set forth in paragraph (1), performed the functions of photographing videos of the Defendant’s mobile phone at the same place as set forth in paragraph (1), and tried to photograph the victim’s bath at the inside of the toilet window in which the victim’s residence was located, but did not realize that intent on the wind that the victim’s words and phrases discovered.

Accordingly, the defendant tried to take and attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera similar device against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to attach images to the suspect's cell phone images stored therein);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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, Articles 14 (1) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;

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

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is to set up a mobile phone in the victim’s residence, and the form of the crime is very dangerous and bad, and the victim seems to be highly at risk and uneasy, and according to the results of the investigation conducted before the judgment, the victim was exposed to the mobile phone.

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