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(영문) 대전지방법원 천안지원 2019.11.22 2019고단1959
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing) due to photographing;

A. At around 14:00 on May 10, 2019, the Defendant taken a photograph of the victim C (nive, 19 years of age, 19 years of age) and sexual intercourse, using cell phone camera functions.

B. Around 6:00 on May 24, 2019, the Defendant taken a photograph of the victim E (inn, 20 years of age, 20 years of age) at the D hotel in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si using mobile phone camera functions after sexual intercourse with the victim E (inn, 20 years of age,

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame on two occasions by using a camera, against their will.

2. The defendant is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc.) due to the provision of photographs, the above one-half A.

Around 18:39 on May 10, 2019, using F Messenssen, the victim’s photographic file recorded in the victim C was sent to the relative-gu stored in the G, “G,” and the relative-gu stored as “H,” around 21:51 on the same day, around 23:45 on the same day.

In this respect, the defendant provided others with photographs taken against the victim's will three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victims;

1. Police seizure protocol (17 to 18 pages of investigation records);

1. Application of Acts and subordinate statutes to digital evidence analysis results;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras), Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Provision of Physical Screening Articles) and the Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Confiscation Article 48(1)1 of the Criminal Act

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