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(영문) 서울중앙지방법원 2015.11.13 2015고단5584

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2015, at around 22:00, the Defendant: (a) performed the Defendant’s mother’s clothes operated by the Defendant in Jung-gu, Seoul; (b) performed the Defendant’s function of photographing a camera-shaped camera in the shape of a camera, which was purchased and prepared via the Internet; and (c) made the Defendant enter the Defendant’s home-to- home system into the place of sexual intercourse with the Defendant’s sexual intercourse; and (d) taken the Defendant’s sexual intercourse with the Victim F (V), the Defendant’s sexual intercourse with the Defendant’s sexual intercourse.

2. The defendant has committed the same harm;

4.3. At around 18:00, at the home of the above victim G in Gwanak-gu in Seoul Special Metropolitan City and 201, the above victim's sexual intercourse with the above victim was taken by the victim's visual images.

3. The defendant has committed the same harm.

5. At around 12:00 on November 12:1, 198, the victim taken a video screen of the victim’s sexual intercourse with the above victim by the above method in the room room in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City H.

4. The defendant has committed the same harm.

6. At around 12:30 on December 26, 206, K’K’s Maurel 505 in Gwanak-gu Seoul Special Metropolitan City, the victim’s sexual intercourse with the above victim was exposed to the video images.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning L/F;

1. Details of a Kakao conversation on the details of damage inflicted on the victim and the victim's speech;

1. Each photograph;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

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 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes;

1. The reason for the sentencing of Article 48(1) of the Criminal Code for confiscation is that the defendant prepared a camera in the shape of a Man-year pen, followed by the defendant's sexual intercourse with the victim, and the crime is committed.