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(영문) 전주지방법원 남원지원 2018.05.29 2018고단32

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim D (n, 38 years old) were in a relationship between June 2015 and September 2017.

1. On July 2016, the Defendant committed the crime at the “F” guest room located in the Namwon-si, Namwon-si, on July 2016, in order to put the victim D’s cell phone (Evidence No. 2) on his/her book between the victim D’s bath room and the cleaning room, and divided the video camera into a 6S cell phone (Evidence No. 2), and taken the victim’s personal body with his/her view to escaping from his/her view at the bath room.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

2. On August 16, 2016, the Defendant committed a crime on August 16, 2016, at the guest room within “H” Ga located in Namwon-si G around 13:00, the Defendant opened a cell phone (proof No. 2) owned by the Defendant on his/her book on his/her book, divided the video photographer into a video photographer with a sexual intercourse between the Defendant and the victim D.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

3. On January 8, 2018, the Defendant sent the video images of the Defendant and the victim’s sexual intercourse, as described in paragraph 2, to K and L, the husband of the victim, who were his/her husband, within the Defendant’s car of the Defendant, set up in and around the J elementary school located in the Namnam-si, Seoul Special Metropolitan City, on January 8, 2018, on the ground that the victim D does not move with himself/herself.

Accordingly, the defendant provided another person with the video taken against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or N;

1. Complaint;

1. Details of M dialogue;

1. Recording records;

1. Police seizure records;

1. An investigation report (related to a witness L telephone conversation), an investigation report (related to a photograph of the video shield), an investigation report (related to the place of crime), an investigation report (related to the place of crime), and an investigation report (related to the attachment of personal phone evidence analysis data).