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(영문) 수원지방법원 평택지원 2018.08.30 2018고단206
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor 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. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) was administered on September 30, 2017 by the Defendant to engage in commercial sex acts with the victim F (n. 25 years of age) and the Ecomer 802 located in Masung C around 02:30 on September 30, 2017. In order to take the sex-related pages, the Defendant was placed on the back part of the mobile phone apparatus owned by the Defendant to put the Defendant into the wall so that the Kamer may go against the scar. However, the Defendant did not go through a shower and put out from the victim.

As a result, the Defendant attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. The Defendant, at the time and place indicated in the preceding paragraph of the assault, discovered the fact that the injured person took video pictures, and committed the assault by having the injured person take the hand knife of the Defendant, and by having the injured person take the hand knife in order to have him cut off his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each report on investigation;

1. Police seizure records;

1. The defendant's photograph (the defendant merely took the victim's hand to file a petition, and did not have the victim's intention of assault, as he merely took the victim's hand against him;

However, according to the legal statement of the victim and the evidence mentioned above, the defendant's assertion is not accepted, since the defendant can have sufficiently recognized the fact that he committed violence by force for a long time on the part of the victim's hand over the victim's hand over by force.

Application of Statutes

1. 범죄사실에 대한 해당 법조 성폭력범죄의 처벌 등에 관한 특례법 제 15 조, 제 14조 제 1 항( 카메라이용 등 쵤 영미 수의 점), 형법 제 260조 제 1 항( 폭행의 점), 각 징역형 선택

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 1.

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