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(영문) 서울남부지방법원 2018.08.17 2018고단2054
상해등
Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal history] On October 14, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act (injecting hallucinogenic substances) at the Incheon District Court, and completed the execution of the sentence on August 30, 2017.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (Kameras and other crimes);

A. On March 10, 2018, the Defendant, within the C Village bus operated from Yangcheon-gu Seoul to the salt hold station, taken the front side of the victim’s bridge, on which it is impossible to identify the name he/she was seated with the JG 2-Carrying phone (Evidence 1, hereinafter the same shall apply) with his/her LG G2-Carrying phone (Evidence 1, hereinafter the same shall apply), in which the Defendant was killed against the victim’s will.

B. On March 14, 2018, around 13:18, the Defendant screened the front image of a victim’s bridge, on which it is impossible to find out the name of the seat seated in the front line of the subway prior to the subway, using a cell phone camera, which is against the victim’s will.

(c)

On March 14, 2018, at around 13:30, the Defendant taken the front side of the bridge of the victim E (the life, female, 20 years old) who sits in the seat opposite to the west in subway 2 line D, which moves to the new sloping station in Guro-gu Seoul Metropolitan City, from a mobile phone camera, against the victim's will.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, against the victims' will.

2. The defendant is injured by No. 1-C.

The victim E, who had observed the crime of the defendant at the time and place stated in the paragraph, had himself, reported the fact to the police, left the cell phone cited by the hand to the victim, and suffered bodily injury, such as the two-day treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the judgment, such as a report on investigation (verification of the period of repeated crime), the status of personal confinement, criminal history, etc.;

1. Criminal facts;

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