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(영문) 부산지방법원 2019.10.07 2019고단3448
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a space between the victim B (a name), victim C (a name) and D through a smartphone-rating pattern "D".

1. The Defendant, at around 16:00 on March 13, 2019, taken pictures of the Defendant’s house located in Busan Shodong-gu, with a opon 6S smartphone, in which the Defendant had the victim wear an eye, and had the victim wear an eye, and had the sexual intercourse with the victim, while having sexual intercourse with the victim.

Accordingly, the defendant taken the sexual intercourses with the victim who could cause a sense of sexual shame by using a mechanical device with a camera function against the victim's will.

2. Crimes against victims C;

A. On March 29, 2019, the Defendant, at around 18:20 on March 29, 2019, made the Defendant wear the victim’s eye while having sexual intercourse with the victim. At the same time, the Defendant taken a visual image of the Defendant with a opon 6S smartphone in possession of the Defendant, such as the victim’s sexual intercourse head, and the victim’s face page with the victim’s self-defense.

As a result, the defendant taken the sexual intercourses with the victim who could cause sexual health using a mechanical device with a camera function against the victim's will.

B. On April 2019, the Defendant posted a sexually related video and photograph with the victim taken as a police officer at the early May 1, 2019 on the “D” personal photographer, and around that time, allowed the Defendant to look at the victims of the war, who had been held through the Defendant and D.

In this respect, the Defendant provided the victim with the photographs taken against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against C, F, and B;

1. Stenographic records;

1. A photograph of a closure;

1. Mobile images inside the suspect's mobile phone;

1. Seizure records, etc.;

1. Investigation report (Submission of a complainant and appendent of evidential materials);

1. Investigation report (request for the analysis of digital cell phone evidence of a suspect);

1. The investigation report, digital siren analysis.

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