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(영문) 대구지방법원 2017.05.23 2017고단1274
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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On May 1, 2016, at around 18:00, the Defendant: (a) set up the number number number number of “Eel” located in Daegu Northern-gu, Daegu Northern-gu, so as not to sound by using a mobile phone with a sexual intercourse with “F” (n, 33 years old); and (b) recorded the victim’s appearance of a sexual relationship with his/her clothes, while having sexual intercourse with “Eel”, so that they do not sound by using a mobile phone with a camera function.

B. On May 2016, at around 18:00, the Defendant: (a) set up the number room of the telecomer as described in the port at around 18:00; (b) set up a mobile phone with the victim F so that they do not sound by using a mobile phone with a camera function while having sexual intercourse with the victim F; and (c) taken the form of a sexual intercourse with the victim off his clothes.

Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions, which could cause sexual humiliation or shame.

2. On June 8, 2016, the Defendant of intimidation sent to the victim F, who was a female-child victim by telephone at a place in an irregular manner, “if no longer, a photograph of a sexual intercourse with the victim would be sent to the new male-child of the victim.”

“Intimidating the victim,” the victim expressed to the effect that the victim was “.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Investigation report (Attachment of photographs of the victim's body): - Each victim's photograph;

1. A detailed statement of currency;

1. Investigation report (Attachment of a report as a result of analysis of digital evidence of personalphones) - Application of the Acts and subordinate statutes of the digital analysis report;

1. Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crime and the Selection of Punishment, etc. (a point of using and photographing cameras and others, a choice of imprisonment), Article 283 (1) of the Criminal Act (a point of intimidation, and a choice of imprisonment with prison labor);

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. The punishment, etc. of sexual assault crimes;

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