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(영문) 인천지방법원 2017.04.20 2016고단8683
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 2016, the Defendant taken pictures of a victim’s body against his/her will using a camera or other devices equipped with similar functions, such as taking pictures of sexual intercourses, etc. with the victim’s sexual intercourses, using mobile phone camera functions, which were in possession of sexual intercourses with the victim C (M, 41 years of age) at around 1-302, Nam-gu, Incheon.

2. On August 30, 2016, the Defendant provided photographs to E using a DNA message, with knowledge that the victim is threatening with another person at a place, such as paragraph 1, around August 30, 2016, he/she sent the pictures of sexual intercourse taken against the victim’s will, as described in paragraph 1, to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A protocol of seizure and a list of seizure;

1. Photographs of the victim;

1. Existing presence under subparagraph 1 of this Article;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14 (1) (the point of taking photographs, such as cameras, the point of providing photographs, and the point of providing photographs), and the 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 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 Confiscation Criminal Act was sentenced to two years of imprisonment for a violation of the Electronic Financial Transactions Act, etc. on May 11, 2016 by this court. On May 19, 2016, the above judgment became final and conclusive and conclusive on May 19, 2016, and thus committed the instant crime despite the fact that the instant crime was committed, the victim’s sexual intercourse photographs taken against the victim’s will are not good, and thus, the crime was not committed, the victim did not reach an agreement with the victim, the victim sought a severe punishment against the defendant, and the defendant was injured by rape before.

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