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(영문) 대구지방법원 안동지원 2016.10.07 2016고단642
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant was living together with the victim B (the age of 26) in Ansan-si C and 908 during the period from the beginning to the end of April 2016, as the relationship between the Defendant and the victim B (the age of 26).

1. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) due to photographing pictures, deemed that the victim was off and divingd from his clothes at the bed in the bed during the given period, and taken the body of the victim with his cell phone camera around the time when the victim was killed.

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

2. Around April 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) due to the provision of photographs (around the end of April 2016, the Defendant sent to E and F the victim’s biopia, who was aware of the victim’s biopia and was in custody of the victim’s biopia as described in the foregoing paragraph (1).

Accordingly, the defendant provided others with photographs taken by the victim's body which may cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B accusation;

1. The investigation report (as regards the submitted D):

1. Application of the Acts and subordinate statutes on photographic photographs of algos, and caps;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall not be light of its circumstances, degree of mental suffering, etc.

This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

(b)in the same manner as the accused;

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