logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.09.20 2019고합214
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete the sexual assault program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who was a victim B (n, 27 years of age) and a person who was a related person.

1. Around 04:00 on February 25, 2019, the Defendant: (a) committed quasi-Rape in the Defendant’s residence located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon; (b) tried to take the victim’s sound records out of panty by using the victim’s panty function; and (c) using the camera function of the cell phone in his possession, after having sexual intercourse with the victim.

After working the cell phone camera function, the Defendant turned on flash and taken the sound records of the victim.

The defendant continued to photograph the sound of the victim, and boomed the victim's sound order by hand, and boomed the fingers into the victim's sound book.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the will of the victim, and was engaged in similar rape in inserting the fingers of the victim's sexual organ who was unable to resist by breathing it.

2. On March 1, 2019, at around 09:00, the Defendant: (a) discovered the victim’s former male and female name from the victim’s cell phone call list; and (b) while having a verbal dispute with the victim, the Defendant got off the victim’s cell phone, and broken off it on the floor by taking away the victim’s cell phone from the victim’s cell phone.

Accordingly, the defendant damaged the victim's cell phone value of 600,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to hear statements from a victim's telephone and report);

1. Application of the Acts and subordinate statutes No. 18, such as photographs, screen pictures, etc. (Evidence No. 6), photographs (No. 17) and CDs (No. 18) taken of destroyed mobile phones;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, taking pictures, such as cameras;

arrow