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(영문) 춘천지방법원 원주지원 2018.07.25 2018고단393
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 2017, the Defendant was demanded from the injured party to take a hedging with the victim B (nive, 45 years of age). On the other hand, the Defendant re-convened the victim with the victim by threatening the victim to “I wish to know the fact that the Defendant works in four singing singing will be known to his father,” and then the victim re-convened with the victim.

In preparation for the use of intimidation, I tried to take the face of sexual intercourse with the victim for the purpose of intimidation.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “D”), around 22:49 on May 8, 2017, the Defendant taken pictures against the Defendant’s body against his/her will using a camera for a total of five times from around 22:49 to around 2017, by setting up a mobile phone of the Defendant in the vicinity of the Northern-gu, Seocheon-gu, Seocheon-gu as a video screen, and by setting up B’s mobile phone as a video screen, and taking the sexual intercourse with B and the body of another person who may cause sexual humiliation or humiliation using a camera for a total of five times from around 2017 to August 13, 2017.

2. On April 2017, the Defendant threatened the victim seven times in total, including intimidation, from around that time until August 17, 2017, by saying, the Defendant was requested by the victim B to hedge at the Defendant’s residence located in the G, the Defendant called, “I wish to speak to his wife of the fact that N.N. is going to go to the N.V. house” by telephone, and the victim threatened the victim seven times in total from that time to August 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Recording records, each investigation report, each seizure protocol, Nowon-gu photograph;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 (1) of the Criminal Act;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Confiscation of the Criminal Act;

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