beta
(영문) 대전지방법원 2020.01.31 2019고단4609

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

On November 14, 2018, around 10:00, the Defendant provided the victim E (here, 20 years of age) who became aware of through the hard-gu Seoul-gu B building C through the hard-rating app “D” with KRW 190,00 for commercial sex acts and provided the victim with sexual intercourse once.

After completing a sexual intercourse, the Defendant taken three-time photographs of the victim’s chests, fry, and lower part of the body of the victim, using the Kamera function of the cellular phone, in which the victim was in possession of the body of the victim who was in possession of the body of the victim who was in possession of the body of the victim.

The defendant continued to take 270,000 won in cash owned by the victim from the wall of the victim.

Accordingly, the Defendant took pictures of the body of the victim who could cause sexual humiliation or sense of shame, using a camera or other devices with similar functions, and stolen the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Some statements made in the police interrogation protocol for the accused or E;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. On March 20, 2019, the Defendant and his/her defense counsel’s assertion and determination of text messages, illegal photographing, text messages, investigation reports (Attachment to the conversation between the Defendant and the victim on March 20, 2019).

1. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) in the facts alleged in the argument, the Defendant: (a) stated that the victim was "welved" and the victim was "welveed" and taken by the victim "welve"; and (b) obtained the victim's consent.

2. The following circumstances acknowledged by the evidence mentioned earlier, namely, the victim shall consistently listen to or take a photograph of the Defendant’s phrase “after being stamped” from the investigative agency.