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(영문) 서울서부지방법원 2017.05.24 2016고단3862
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 25, 2016, between around 11:00 and around 11:40, the Defendant taken three screen pictures of the victim E (n, at the time, 36 years old) with the victim’s sexual intercourse by using the camera function of smartphone, the victim’s shower and walked from the bath room, and the victim’s face-to-face walked with the victim’s body.

Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.

2. On September 13, 2016, at around 23:00, the Defendant sent a photograph of a heading a part of the face, which the victim was laid down on the floor by body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body

Accordingly, the defendant provided the victim's body pictures, which could cause sexual humiliation or sense of shame, against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of the video CD-related Acts and subordinate statutes

1. Although Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the provision of body photographing and providing a camera) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is written, it is deemed to be a clerical error in light of the facts charged, etc.

Each Imprisonment Selection

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 suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The victim's body parts, etc., who had been scambling for the reason of sentencing under Article 48 (1) 1 of the Criminal Act, shall be taken after sunset.

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