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(영문) 광주지방법원 순천지원 2017.02.08 2016고단2354
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

However, the execution of 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 and the Victim B (V, 20 years old) begin from October 12, 2015 to move back from October 12, 2015, and end up around April 2016.

1. On February 2016, the Defendant: (a) taken the victim’s back-to-face image using the Defendant’s mobile phone to take the victim’s back-to-face image, i.e., a short half and half-weak, which was located near the C University located in Seoul Special Metropolitan City, using the Defendant’s cell phone.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.

2. On March 2016, the Defendant, who committed the crime of unsatisfying on the date of March 2016, took pictures of the victim’s cell phone image from the building in Seoul Special Metropolitan City, Nowon-gu, and the Defendant’s home room in Seoul Special Metropolitan City, the second floor and the second floor 201, while having sexual intercourse with the victim, the victim was satisfyed with the Defendant’s cell phone.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.

3. On April 1, 2016, the Defendant: (a) around April 1, 2016, at the Felel located in Seongbuk-gu Seoul EFel; (b) taken the side image of the victim, which the victim panty panty panty and drinking water, using the Defendant’s cell phone pictures, using the victim’s cell phone pictures.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.

Summary of Evidence

The application of the police report (the case of completion of the restoration of cell phoness and sets submitted voluntarily) to the defendant's legal statement B

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of imprisonment with prison labor;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act reflects the defendant's wrong sentencing, and the primary offender who has no record of criminal punishment is a favorable sentencing factor.

(b).

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