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(영문) 수원지방법원 2017.09.21 2017고단4366
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant was in a relationship with the victim E (n, 46 years of age) and is the owner of the main place where the victim was employed as an employee.

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), recorded the body of the victim in the same way five times in total, such as the statement in the list of crimes in the attached Table (1), from around December 2016 to around January 2, 2017, in G hotel rooms located in F, G, in a gallon, before having sexual intercourse with the victim, set up a S6 mobile phone at the cremation room of the Defendant in advance before having sexual intercourse with the victim, and taken the part of the victim who sexual intercourse with the Defendant using the camera function, and taken the body of the victim in the same way as the statement in the list of crimes (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. On April 18, 2017, the Defendant: (a) was unable to have the victim intending to grow her friendship at the Ip book located in Ansan-si, Annsan-si, Annsan-si; (b) was her hand, her flicked with the victim’s her bat; and (c) her flicked with the victim’s her bat; and (d) her flicked with the victim’s bat; and (c) her b

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The response to the results of digital evidence analysis, the report on the results of digital evidence analysis, and the investigation report (as to the photograph analysis after the response to digital analysis);

1. Investigation report (as to the statement of the victim and the suspect)

1. Application of investigation reports (specific as the place of crime) and Acts and subordinate statutes to the place of crime (J hotel photographs);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) (a) (a point of use and photographing, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 260(1) of the Criminal Act (a point of violence)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;

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