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(영문) 수원지방법원 성남지원 2019.05.24 2019고단327
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

Reasons

Punishment of the crime

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

A. On April 28, 2017, the Defendant, around 18:21, in Gwangju-si, administered with the victim C (the name of the victim, the 55 years of age) in the B guest room in Gwangju-si, Gwangju-si, and taken a dynamic image of the victim’s sexually related dynamics by using the Defendant’s cell phone camera image function at the location of the victim’s locking the location in order to take a image of the victim’s sexually related dynamics, while setting the location of the victim on his/her table on his/her table.

B. On May 11, 2017, the phrase “ May 11, 2018,” written indictment, “as of May 11, 2018,” is apparent that it is a clerical error in writing in the indictment, and it is determined that such recognition does not bring about any substantial disadvantage to the defendant’s right to defense. Therefore, the above criminal facts are to be corrected without the amendment process.

On May 11, 2017, at around 19:29, the Defendant taken a video image of the sexual intercourse with the victim in the condition of the body in the above method at the visitors room in Songpa-gu Seoul, Songpa-gu, Seoul.

Accordingly, the defendant taken the body of the victim against his will by using a camera or other devices with similar functions twice.

2. Intimidation;

A. On May 2017, the Defendant: (a) sent a text message to the Defendant, on May 2017, 03:3:30, 2017, when the Defendant committed a crime in the middle of May 2017, 2017, at the end of the 03:30 square meters; (b) in order to have the victim end the resistant relationship; (c) in order to have the victim communicate several times to the victim; (d) the victim did not have any contact; (e) the victim’s sexually connected images with the victim taken in the first place via mobile phone Dassen, and (e) the victim’s photograph to capture the victim’s sexually related images to the victim’s sexual intercourse with the victim taken in the first place, as described in the foregoing 1-B, and (e) the victim’s sexually related images

(b) the written indictment, May 20, 2017.

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