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(영문) 서울남부지방법원 2017.09.22 2017고단2828
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On September 13, 2016, at around 21:12, the Defendant taken pictures of female victims on a total of six occasions as shown in the attached list of crimes, from that time until October 3, 2016, by using the Defendant’s portable phone (gallon 3 and No. 1) with the Defendant’s personal phone (gallon 3 and No. 1) inside the Guro-gu Seoul Metropolitan Government, who might cause a sense of sexual shame.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Efagic images of the sphographs;

1. The application of Acts and subordinate statutes of 31 oars (No. 1) in seized gallon;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that: (a) the Defendant was sentenced to imprisonment with prison labor for one year for special injury on August 11, 2016, and on August 19, 2016, and was sentenced to a two-year suspended sentence and the judgment became final and conclusive on August 19, 201, and committed the instant crime without being aware of the fact that the Defendant was committed in the instant case without being aware of the fact that the Defendant was committed during the suspended sentence period, in consideration of the following: (b) the victim’s bodily part part of the body part of the body part of the victim was taken after shooting the victim’s ambat, or who was short of the victim’s ambat; and (c) the method of photographing the victim’s ambat; and (d) the victim’s physical part of the taken part.

However, all of the crimes of this case are committed by the defendant, and there is no criminal record of sexual assault against the defendant.

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