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(영문) 인천지방법원 부천지원 2016.06.22 2016고단886
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

On April 29, 2016, around 14:32, 2016, the Defendant, using a gallon 4 cell phone in front of the exit of the Defendant, which is located in Socheon-si, Seocheon-gu, Seocheon-gu, D. 1:2, the Defendant taken a video image of the Defendant’s name-free female victim’s body part in front of the Defendant using his cell phone No. 4 in front of the Defendant, under the direction that the body part of the female victim’s body part in front of the Defendant would come above, and taken the gallon from March 2016 to April 29, 2016, using the above cell phone name nine times in total, as indicated in the daily list of crimes, from March 2016 to April 29, 2016.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of seizure records;

1. Photographss of seized articles (the name of the suspect, a portable phone, and caps and outputs of photographs) and images of photographs;

1. Application of each video statute of video shooting CDs and file CDs;

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the number of the crimes in this case, the body parts and degree of the victim exposed to the photograph of the crime in this case, the defendant was punished continuously due to the same kind of crime (2 million won in 2012, 2015, 4 months in 2015, and 1 year in suspension of execution), and the defendant committed each of the crimes in this case without being aware of the fact that he had been in existence of the period of suspension of execution, and the facts under Article 51 of the Criminal Act are determined as ordered.

Criminal facts of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration of personal information.

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