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(영문) 대구지방법원 2020.04.08 2019고단3846

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a friendly relationship with the victim C, such as the victim C(21 years of age), and the defendant B is a friendly relationship with the victim C, and the victim D(n, 20 years of age) is a female-friendly Gu of the victim C.

1. On March 28, 2019, at the residence of the victim C in Daegu-gu, Daegu-gu around 14:08, the Defendant observed that the victims had sexual intercourse, taken the victim’s face-to-face image using the Defendant’s cell phone camera function as the victim’s cell phone screen, and transmitted the video image to the victim-to-mail F, etc. using the Kakakakao Stockholm and Paschip.

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame by using a camera, against their will, and distributed the photographs against the victims' will.

2. On March 28, 2019, at the residence of the victim C in Daegu-gu, Daegu-gu around 14:08, the Defendant observed the victims’ sexual intercourse and took pictures of the victims’ cell phone images using the Defendant’s cell phone camera function.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to D and G;

1. A written statement in C and F;

1. Each protocol of seizure;

1. A report on the analysis of digital evidence;

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

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment A: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing and photographing cameras, the choice of imprisonment), Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of distributing film articles, the choice of imprisonment): Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing

1. Defendant A among concurrent crimes: the former part of Article 37 of the Criminal Act.