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(영문) 대구지방법원 2019.11.28 2019고단5416
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim B (a person, female, 21 years of age) and a victim B (a person, a person at the end of April, 2019, whose school is restricted for the first time or about 70 days of age.

1. Around July 14, 2019, the Defendant, at around 15:00 on July 14, 2019, had sexual intercourse with the victim at his/her own residential premises located in Samsung Dogdong D, which he/she was in possession of, using the functions of a camera that was located in Samsung galthal ju (9 mobile phones) in his/her possession, taken a dynamic image of the Defendant’s sexual organ so that the victim can quickly boom the Defendant’s sexual organ as soon as possible.

2. Around July 17, 2019, the Defendant, at around 01:00 on July 17, 2019, had sexual intercourse with the victim in the residence of the victim in Busan-si E., and had sexual intercourse with the victim, he/she taken a dynamic image of the victim’s sexual organ by using the gallon function inside Samsung Talthro popa, which was possessed by the Defendant, in turn, using the Defendant’s cellular phone function in Samsung Talthro, in order to prompt the victim’s sexual organ into the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the chief offender and B (tentative) police officer;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted under Article 48(1) of the Criminal Act, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, the competent authority pursuant to Article

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