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(영문) 서울북부지방법원 2017.03.09 2016고단5812
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. Around 03:50 on October 9, 2016, the Defendant: (a) committed an indecent act against the victim E (influence, name, 23 years old) by taking aboard the C bus (D) that runs in the direction of 3rd in the lower exit of the lower exit of the bus at the bus stop in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul at around 3:50 on October 9, 2016; and (b) reporting on the victim E (influence, name, and 23 years old) who was seated in the lower exit of the bus; and (c) committed an indecent act against the victim by taking the victim’s left chest into the victim’s clothes.

2. On October 10:18, 2016, the Defendant: (a) taken the body of the victims who might cause sexual humiliation by the same method six times in total, as in the list of crimes in attached Form 2, from around April 15:26, 2016 to around the above day, while returning home in the electric train near the subway No. 4 station; and (b) taken a seat facing the Defendant’s mobile phone, which he/she was seated with the Defendant’s mobile phone.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Investigation report (the results of digital analysis of mobile phones);

1. Data concerning photographs of screen pictures by capturing a rooftop video;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the 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 (a taking a photograph by using a camera, etc.) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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