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(영문) 서울서부지방법원 2019.10.23 2019고단2583
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 21, 2018, the Defendant, at the time, taken a image image of a female-friendly interview with Seoul and below, using a video photographing device of the smart key model owned by the Defendant against the intent of the victim B (name, leisure, age 25) (the age of 25), and using a video photographing device of the smart key model owned by the Defendant as well as using a cell phone, digital camera, smart key model image, etc. holding at least 106 times in total from March 17, 2013 to January 21, 2018, as shown in the attached list of crimes.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related to B (tentative name);

1. A complaint;

1. Investigation report (related to the analysis of restored seized articles);

1. Answers of each digital evidence analysis result;

1. Application of Acts and subordinate statutes to a report on investigation (related to a list of crimes), and a list of crimes (Attachment of photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture is that the defendant currently repents his/her act and submits again a written statement in the form of rebuttal, and is trying to agree with the victim.

It is also an initial crime.

However, the crime of this case was derived from the resistance or sacrife as a young male.

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