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(영문) 서울중앙지방법원 2016.06.17 2015고단7922
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 27, 2014, the Defendant: (a) taken the Defendant’s smartphones set up with the video download in a Mourel where the trade name located in Yeongdeungpo-gu Seoul Metropolitan Government is unknown; (b) taken the Defendant’s smartphones on the cremation room; and (c) taken the Defendant’s body against his/her will, by taking the victim’s sexual intercourse with the victim where his/her sexual intercourse is unknown; and (d) taken the victim’s sexual intercourse with him/her; and (c) taken the victim’s body against his/her will that may cause sexual humiliation or sense of shame.

2. On June 26, 2015, at around 23:39, the Defendant, at the Defendant’s residence located under the studio B in Gwanak-gu, Seoul Special Metropolitan City, took a photograph of another person’s body, which might cause sexual humiliation or sense of shame, by taking the front sides of the victim’s sexual intercourse with the victim C, and taking the front sides of the victim’s sexual intercourse with the victim C, against his/her will.

3. On July 11, 2015, at around 22:00, the Defendant opened a studio Turkey in the victim E’s residence in Gwanak-gu in Seoul Special Metropolitan City, and intrudes into the victim’s residence. The Defendant attached an USBmermo-type camera by using tape under the studio under the studio, and taken the body of another person, such as a victim’s bridge, from around 00:03 to 005 on July 12, 2015, who could cause sexual humiliation or humiliation against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Photographs of the victim E-book;

1. A photograph of each list of seizure, each record of seizure, and each record of seizure (USB-type Kamerra);

1. Each investigation report (Analysis of the results of analysis of camera images, restoration of hard disks, and analysis of the results of restoration of USB-type cameras);

1. Application of the results of digital evidence analysis replies (hick disks, USB Mameras), CDs, restoration results of hard disks drives, photographs of seized articles, and DVD-related Acts and subordinate statutes in which the files in the brumeras at the time of seizure are stored;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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