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(영문) 대전지방법원 2017.07.27 2017고정774
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B(24 years) are related to the relationship.

1. On March 14, 2017, the Defendant took a photograph of the victim’s appearance of a bridge against the victim’s will, in light of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Taking a photograph by using a camera, etc.) at a 603 heading room located in Daejeon Dong-dong, Daejeon, Daejeon, by using a mobile phone camera, in the face-to-face panty line, and in the face-to-face panty line, in the face of the victim’s panty line.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. The Defendant damaged property at the same time and place as the above paragraph 1, and at the same time and place, the victim’s cell phone contact numbers are stored in other women, and the Defendant destroyed and damaged the NowC card owned by the victim and the corporate bank cream card against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of arrest of a flagrant offender;

1. A report on internal investigation:

1. Statement made by the police against B;

1. Application of statutes governing damaged articles and on-site photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 366 of the Criminal Act;

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. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for the reasons above Article 59(1) of the Criminal Act (such as the fact that the defendant has no history of criminal punishment, the defendant maintains a current relationship with the victim, and the victim does not want to be punished against the defendant) of the suspended sentence.

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