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(영문) 서울동부지방법원 2016.10.14 2016고단2452
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

[2016 Highest 2452] Around 22:30 on July 17, 2016, the Defendant taken 31 victim’s body against his/her will by using a camera attached to his/her smartphone in the “E” store in Namyang-si, Namyang-si, using a camera attached to his/her own smartphone, and taking photographs of a bridge that may cause sexual humiliation or shame of the victim of his/her walking, as well as against his/her will, from around that time to July 23, 2016, the Defendant taken 31 victim’s body by the aforementioned method, as described in attached Table (1) from that time, until July 23, 2016.

[2016 Highest 2757] On June 24, 2016, the Defendant taken three victims’ body against their will using a camera, which is contained in his/her smartphones, in the front line of subway No. 4 line F, around 18:4 on June 24, 2016, the Defendant: (a) taken fluor and the part of his/her bridge, which may cause a victim’s sexual humiliation or shame; and (b) taken against his/her will during the period from around that time to 18:58 of the same day, as described in the List of Crimes (2).

[2016 Highest 2863] On June 22, 2016, from around 17:00 to 17:40 of the same day, the Defendant taken a picture against his/her will, using a camera that is contained in his/her smartphones in Namyang-si G, and caused a yellow short mar with a camera that is contained in his/her own smartphones, the Defendant taken the part of the buck buck and the part of the buckbucks, which may cause sexual humiliation or shame.

Summary of Evidence

[2016 Highest 2452]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement prepared by J and K;

1. Records of seizure and photographs of seized articles;

1. A report of investigation, a list of crimes, a victim’s photograph, a report of investigation (Attachment of an omitted photograph), a photograph (intersects), a report of investigation (revision of places of crime No. 19 of the List of Offenses) (Revision of Place of Crime No. 2016, Dec. 1, 201).

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