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Reasons
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(영문) 부산지방법원 2019.08.12 2019고단1973
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant committed the crime in the telecom is between the victim B (the name, the age of 56) and the victim B (the age of 56) who had been aware of the fact at the singing room for about one year.

On December 14, 2018, at around 03:12, the Defendant, at around 03:12, set up the Defendant’s LG-G7 smartphone in a guest room room, and taken a video image for about 33 minutes, she exceeded the said victim’s and clothes, with his/her sexual intercourse.

Accordingly, the defendant took photographs of another person's body against the will of the person who could cause sexual humiliation or shame by using a camera.

2. Around 23:00 on January 8, 2019, the Defendant: (a) taken a film of the body of a female victim, such as a fD-AX40, on the name-free female buckbucks, in which he/she had a hole of his/her own house in the “F Gameland” located on the first floor of the building of the Busan Busan District E-gu; and (b) had a short cover of the body, such as a buckbucks, etc. of the female victim on the name-free female fD-AX40 in the game machine, and taken the 9 times from the time until January 25, 2019, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and B;

1. Revolving the results of digital evidence analysis;

1. Photographs;

1. Other closure photographs;

1. Photographs at the time of arrest;

1. CDA, c.

1. Each protocol of seizure and the list of seizure;

1. An investigation report (the analysis of dynamic images of "No. 1 Smartphone L-G710N");

1. Analysis of data for restoration, such as investigation report certificate 3 MicroSD;

1. Application of Acts and subordinate statutes to investigation report (digital evidence analysis result data analysis, etc.);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1597

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