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(영문) 부산지방법원 서부지원 2018.06.26 2018고단922
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal history] On June 13, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Busan District Court’s Branch Support, and completed the execution of the sentence in the Yangyang Detention House on March 30, 2018.

[Criminal facts]

1. Around May 23:25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) entered into the Busan subway D, located in Northern-gu, Busan, with a view to taking the appearance of women into a cell phone to take the strings of female toilets.

Accordingly, the defendant invadeds on public use places used by many unspecified persons for the purpose of meeting sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), the Defendant, at the same time and at the same place, taken a video image of the victim E (tentative name, leisure, age 21) and the shape of the victim, who was laid down on the side side of the Defendant (the age 21), and who was laid down on the both sides of the urier, using the cellular phone camera function, using the partitions function.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Each report on investigation;

1. A report on the results of analysis of digital evidence;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of a repeated crime of a defendant) statute;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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