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(영문) 서울남부지방법원 2012.10.26 2012고단3299
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

On February 18, 2010, the Defendant had been sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was released on December 24, 2010 and passed on March 26, 201.

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On August 6, 2012, at around 18:25, the Defendant taken the body of the body of the victim against the victim’s will, using the mobile phone camera photographing function, which might cause a sense of sexual humiliation of the victim, to the victim D (if known, 26 years of age) waiting for a bus at the bus stops near the Yangcheon-gu Seoul Metropolitan Government C building.

B. On August 9, 2012, around 19:00, the Defendant taken the body of the body of the victim, which might cause a sense of sexual humiliation of the victim, against the victim’s will, using the photographer E (n, 22 years old), who took pictures to shote in front of the photographer in Yangcheon-gu Seoul Metropolitan Government building C, and using the mobile phone camera photographing function.

2. At around 06:00 on August 9, 2012, the Defendant: (a) opened a stringk car parked by the victim G in front of the front parking lot of HSP car 102, Gangseo-gu Seoul Metropolitan Government, which was parked by the victim G; and (b) cut off one string string string string 1,300,000 won and one string string 178,000 won in the market value owned by the victim in the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 13 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 329 of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is the defendant.

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