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(영문) 광주지방법원 순천지원 2017.11.17 2017고단1665

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:00 on May 13, 2017, the Defendant: (a) was a police officer (police officer) belonging to the brigade B, and (b) performed drinking together with a workplace club fee, and (c) was a victim E (one-year-old, 19 years-old) and his female drinking in the table that the above workplace club fee was drinking in the table table above, and (d) proposed that the Defendant she would go together with the victim’s words, and went together with the F main points near the above main points.

Since then, the Defendant got the victim from the above F's main point along with the victim, and was walking around the same day, and was moving the victim to the residence of the defendant in the same G apartment at the same time.

1. On May 14, 2017, around 00:16, the Defendant taken pictures around about 10 seconds of the Defendant’s jumal lusium using Samsung Samsung 5 mobile phones, which used the Defendant’s jumal lusular phone, with the Defendant’s sexual flag put into the Defendant’s sexual flag.

2. On May 14, 2017, at around 00:28, the Defendant, using the Defendant’s cell phone camera at the bed room located above the above residence, taken a picture around about 18 seconds, in which the victimized person was exposed to his sexual organ by using the Defendant’s cell phone camera.

3. On May 14, 2017, at around 00:38, the Defendant, using the Defendant’s cell phone camera at the bed room located above the above residence, taken a fluent photo over two-minutes and twenty-seven seconds of a sex relationship with the Defendant.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation report ( Results from analysis of digital evidence of personalphones);

1. Recording notes;

1. Application of the police seizure protocol statutes;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes, and Article 14(1) of the same Act shall be selected.