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(영문) 서울서부지방법원 2017.01.25 2016고단3129
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant took pictures of the body of the victim who could cause sexual humiliation or shame by taking pictures of the victim C (V, 32 years old) and sexual intercourse with the victim’s body by taking pictures of the body of the victim at the Momera, where it is difficult to know the trade name near the Momera Station located in the Macheon-si, Busan High-si, the Defendant took pictures of the victim’s body that could cause sexual humiliation or shame by using a similar device of the camera, in which it is difficult to view.

2. At around 00:30 on August 12, 2016, the Defendant, within the scope of Eunpyeong-gu Seoul Metropolitan Government Officetel 202, took pictures of the body of the victim who could cause sexual humiliation or shame by taking pictures of the victim E (n, 36 years old, household name) and sexual intercourse with the victim while carrying out the function of photographing the screen pictures of the above hand-type knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Video presses restored through digital evidence analysis;

1. Images to take the visual images stored in a clock;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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 on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The community service order under Article 62-2 of the Criminal Act;

1. The victim E (title) was exposed to a considerable mental impulse, and the victim C also seems to have caused a great sense of sexual humiliation when he/she became aware of the fact that he/she had a sexual intercourse with the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act.

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