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(영문) 서울중앙지방법원 2021.03.30 2020고단4146
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 4, 2019, the Defendant, at a hotel facility in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, taken a bruptic video recording against the victim B (n, 35 years of age) and sexual intercourse with the victim’s intent against the victim’s will.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using mobile phone cameras against the victim's will.

2. Around 08:06 January 27, 2020, the Defendant, using a cell phone camera in the head office in Seocho-gu Seoul Seocho-gu Seoul Metropolitan City E hotel, taken a mobile screen picture against the victim’s will against the victim’s will to have sexual intercourse with the victim’s D (V, 34 years old).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using mobile phone cameras against the victim's will.

3. On January 29, 2020, the Defendant, at around 14:09, taken visual images of the victim F using a cell phone camera in the above E hotel room, against the intent of the victim, who was sexually related to the victim F (n, 27 years of age).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using mobile phone cameras against the victim's will.

Summary of Evidence

1. Statement made by the defendant at the second public trial protocol which includes the statement made by the witness B;

1. Each police statement made with respect to B, D, and F;

1. Investigation reports on each seizure record and the list of seizure lists (with respect to the analysis of the restored suspect mobile phone images and video images);

1. Application of the Acts and subordinate statutes on closures of each video file;

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 (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Punishment of orders to attend lectures or orders to provide community service sexual crimes;

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