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(영문) 창원지방법원 2020.09.10 2020고단1689
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2020, at around 19:06, the Defendant, within the Cmatet located in Kimhae-si B, was seated back to the victim D (the age of 51) who was seen as the head of the betama in the state of beta, and the Defendant, using the cell phone camera function of the Defendant, took a photograph of the parts of the betama in the part of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and list of seizure and photographs of the police record of the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;

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

1. The reason for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), Article 56(1) main text of Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main text of the Act on Welfare of Disabled Persons, the Defendant committed the instant illegal photographing crime again even though he/she was sentenced to the same punishment for the same crime. Such crime causes serious apprehensions to the daily life of the victimized women as well as the unspecified women, and thus, is grave punishment for the crime. The Defendant shall be sentenced to the punishment in consideration of the purpose and method of the crime, and the interview

However, in full view of the various circumstances shown in the records and arguments of this case, such as the fact that the defendant led to his/her crime and reflects the wrong awareness of adults, the defendant's age, character and conduct, occupation, environment, family relationship, health status, motive and circumstance of the crime, method and method of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

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