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(영문) 서울동부지방법원 2017.10.20 2017고단2585
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A quasi-indecent act Defendant was between the Matrimonial relationship D with the victim C (V, 29 years of age) and the Matrimonial relationship. Around April 5, 2017, around 02:00, the Defendant served as the D’s house in which the victim is living together with the said D and went together.

From April 5, 2017 to April 02:30, 2017 to April 5, 2017, the Defendant discovered the victim in a state of resistance impossibility by diving from the method of the D’s house located in Songpa-gu apartment complex E-gu Seoul Metropolitan Government, and attempted to commit an indecent act against the victim. The Defendant committed an indecent act by force against the victim, such as attempting to detect the victim in a state of resistance and to commit an indecent act against the victim.

2. The Defendant took photographs of the victim’s body against his will, at the above date, at the above time, and at the above location, the victim’s sexual part, and the victim’s bucks, using the Defendant’s cellular phone camera function, taking photographs twice and once of buckbucks, etc. using the Defendant’s cell phone camera function, which may cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the victim;

1. Police seizure records;

1. Each report on investigation;

1. Application of CD-related Acts and subordinate statutes

1. Articles 299 and 298 of the Criminal Act concerning criminal facts, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and the choice of fines, respectively;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation Act is that the defendant reflects the defendant's wrong, that is the primary offender, that the victim is unable to punish by paying a sum of KRW 10 million agreed upon to the victim, and other reasons.

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