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(영문) 의정부지방법원 2018.09.07 2018고단667
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

The defendant was living together with the victim C (math, 57 years of age), and the victim D (math, 22 years of age) is a parent of the victim C.

No person shall take photographs of another person's body against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

1. Crimes against victims C;

A. On November 30, 2015, while the Defendant committed a sexual intercourse with the victim at the home of the victim in the E-third floor at the time of the Gu Government-si around November 30, 2015, he/she taken the image of the victim’s sexual intercourse with the victim using the Defendant’s mobile camera function using an opportunity to see his/her snow so as to take the image of the victim’s sexual intercourse against his/her will.

B. Around December 3, 2015, the Defendant, at the victim’s home on December 3, 2015, taken pictures of the form of sexual intercourse with the victim using the Defendant’s mobile phone camera function, against the victim’s will while having sexual intercourse with the victim at the victim’s home.

2. Crimes against victims D;

A. On December 3, 2015, around December 3, 2015, the Defendant discovered the appearance of the victim being shower with the toilet door door in the body of the Defendant’s cell phone camera function and taken the body of the victim out of the body against the victim’s will.

B. On December 4, 2015, around December 4, 2015, the Defendant discovered the appearance of the victim being shower in the state of the toilet door in the house of C as indicated in paragraph (1) around December 4, 2015, and photographs the body of the victim out of the victim’s body against the victim’s will by using the Defendant’s cell phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. The relevant provisions of the Act and the punishment, etc. of sexual crimes selected in relation to the crimes;

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