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(영문) 대구지방법원 2017.01.13 2016고합471
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The seized smartphone 1 (opon 6S) shall be confiscated.

(b) the defendant;

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to 10 months of imprisonment with prison labor due to forced indecent acts, etc. at the Daegu District Court on November 10, 2015, and two years of suspended execution, which became final and conclusive on November 18, 2015, and is currently under suspended execution.

[2] From April 2016, the Defendant maintained a relationship with the victim C (n, 19 years of age) from around April 2016 and provided excessive teaching system to the victim D (n, 22 years of age) from June of that year.

1. On June 18, 2016, around 06:17, the Defendant, who committed the crime against the victim C, taken a son’s son and her tamp, who was diving by using the opon 6S mobile phone camera function, from 306 of the Daegu North-gu building E-gu, Daegu, a residence.

From that time until July 1, 2016, the Defendant affixed a photo of the victim who has been divingd over a total of 29 times, such as the list of crimes in attached Form 1, and taken the screen image.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. On July 8, 2016, the Defendant, at one’s own house as indicated in paragraph 1 of the A.M., taken a photograph of the victim D’s breast part of the victim D, who was diving by using the above cell phone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Protocols of seizure and the total list of seized articles;

1. The investigation report (the sequence 17 of the evidence list);

1. Details of each photograph and F dialogue;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, text of judgment, and the statutes on the date of final and conclusive judgment;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof;

1. Crimes under the former part of Article 37 of the Criminal Act, Article 38(1)1 and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Victims D with heavy criminal penalty (use and photographing of a camera, etc.).

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