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(영문) 서울중앙지방법원 2018.09.07 2018고단2774
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. In around February 6, 2018, the Defendant exceeded the clothes of the victim C at the victim’s home located in Chungcheongbuk-si, Chungcheongnam-si, 2007, and was in custody of the victim’s body by using digital cameras on several occasions, and posted and distributed the victim’s body pictures on the Internet (F) by posting the victim’s body pictures taken at the Defendant’s home located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, on the Internet site (F) by using the computer, from March 12, 2018, until March 12, 2018.

2. On June 8, 2012, the Defendant, at the office of the victim H located in Cheongju-gu, Cheongju-si, taken the body of the victim, who could cause sexual humiliation or sense of shame, using a mechanical device with a camera function in 18 times in total, such as a list of crimes in attached Form (2), from May 13, 2017, she exceeded the clothes of the victim, and taken the body of the victim by using a digital camera to take the body of the victim, who was able to cause sexual humiliation or sense of shame, by using a mechanical device with a camera function, such as a list of crimes in attached Form (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Each report on investigation;

1. Application of the provisions of the Acts and subordinate statutes to the photographs submitted by the injured party along with the accusation warrant, one copy of the victim's photograph posted in F, and the photographs searched in case of membership IDs, and the victim's photograph stored in the suspect computer;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the point of taking pictures 1 through 6) applicable to the crime; Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the points of the remaining crimes); Articles 14(1) (the points of each crime); the choice of imprisonment

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. The punishment, etc. of sexual crimes committed against him/her;

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