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(영문) 대전지방법원 2019.08.29 2019고단1141

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 18, 2018, the Defendant taken visual images around December 18, 2018, at the guest room in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, on December 18, 2018, while using the Defendant’s cell phone while having sexual intercourse with the victim C (V, 19 years old), the Defendant taken the victim’s chests and sound parts against the victim’s will.

2. On January 1, 2019, the Defendant taken visual images around January 1, 2019, at the mutual influorious telecom with the victim’s cell phone while using the Defendant’s cell phone while having sexual intercourse with the said victim, and the Defendant took visual images of the victim’s sexual organ that inserted the Defendant’s sexual organ into the part of the victim’s sexual organ against the victim’s will against the victim’s will.

3. On January 23, 2019, the Defendant attempted to take photographs around January 23, 2019, around 00:50, around Seo-gu, Daejeon, the residence of the said victim, and around D,00 of Daejeon, Seo-gu, Daejeon, where the victim’s sexual intercourses with the victim, operated the Defendant’s mobile phone camera in the toilet to take the face of the victim’s sexual intercourses against the victim’s will, and subsequently, operated the Defendant’s mobile phone camera in the toilet to take the face of the victim’s sexual intercourses against the victim’s will, and subsequently,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to screen pictures, records of seizure, list of seizure, investigation report (digital evidence analysis and results of examination of suspect) to the location of text messages;

1. Article 14 (1) and Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. On the grounds of sentencing of Article 48(1) of the Criminal Act, each of the crimes of this case is committed against the victim’s will and the defendant committed the crime of this case against the victim, including the fact that the defendant tried to photograph or photograph the victim’s chest, etc. against the victim’s will and that the crime is not very good in light of the contents of the crime, etc.