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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2092
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 September 5, 2016, the Defendant found the victim’s body exposed to D’s ground in Daegu-gu, Seogu, Daegu-gu, and found out that the victim, who was a female infinite, was out of the short time, was exposed to the victim’s body against the victim’s will by photographing the victim’s body by using the gallon function of J7 mobile phones in galloned by the victim’s gallon function, thereby causing sexual humiliation or sense of shame.

2. On September 8, 2016, the Defendant found the victim’s body, who is located in Daegu Dong-gu, Daegu-gu, around 08:35, was exposed to the F’s ground, and found out that the victim, who was a female with a name-free female, was going to the fright by suffering the fright, and subsequently, the victim taken the victim’s body against his will, using the gallon function of J7 mobile phones in gallon, in which the victim’s body might cause sexual humiliation or shame by photographing the fright of the victim, using the gallon function of J7 mobile phone.

3. On September 10, 2016, the Defendant discovered that the victim I (n, 23 years old), the victim I (n, 23 years old) entered the common partitions on the first floor of the commercial building in Daegu-gu, Daegu-gu, and around 00:35, and found the victim's side partitions, entered J7 mobile phones into the victim's side partitions, and taken J7 mobile phones in the victim's gallon, and taken J7 mobile phones in the victim's body against the victim's will, which could cause sexual humiliation or shame by photographing the victim's gallon function, using the camera function of the mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Police statements of J;

1. Investigation Report (as to the result of the analysis of digital evidence of personalphones):

1. Application of statutes on the list of seizure and the protocol of seizure;

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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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