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(영문) 서울중앙지방법원 2016.08.12 2016고단3115
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 19, 2016, around 18:25, the Defendant was likely to be aware of the parts of the bridge of the victim H (V, 19 years old) of the Russian nationality, which he was seated with a cell phone camera shooting function in the front dong in Seoul Special Metropolitan City, Nowon-gu, the Defendant tried to photograph the bridge of the victim H (V, 19 years old).

As a result, the Defendant tried to take photographs of the body parts of the victim who may cause a sense of sexual shame against his will, as well as to take photographs of the victim’s body parts from May 25, 2013 to April 19, 2016 with a total of 75 times as indicated in the list of crimes attached hereto, or to take photographs of the victim’s body parts that could cause a sense of sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to the victim H;

1. A written statement;

1. Report on investigation (execution of a warrant of search and inspection of search and results of analysis of seized articles, etc.);

1. Application of each protocol of seizure, each list of seizure, each photograph of seized articles, and photographic images of crimes in suspect hard disks;

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 (a point of using and photographing each camera, etc.), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempted use of and photographing a camera, etc.), and the choice of imprisonment, respectively;

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. Where a judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the same Act.

An order to disclose or notify the accused's age, occupation, risk of recidivism, type and motive of the crime in this case, process of the crime in this case, seriousness of the crime, and order to disclose it.

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