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(영문) 대전지방법원 천안지원 2019.03.27 2019고합5
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Around October 14, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerass, Use and Screening of Cameras) taken three to four times the part of the victim’s sound with the Defendant’s cellular phone with the function of Kameras, after cutting off, from the victim’s DNA (26 years of age) and panty panty, which was divingd under the influence of alcohol, around 03:0.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

2. The Defendant, like Paragraph 1, has sexual intercourse with the Defendant’s sexual organ inserted the Defendant’s sexual organ into the victim’s sound part, by rhing the victim’s chest and panty by taking advantage of the victim’s state of unable to resist, with the victim’s breathing being drunk, and humping off the victim’s chest and panty, by inserting the victim’s body into the victim’s sound part.

3. The Defendant, at the time, at the same time and place as paragraph 1, deleted a photograph taken by the victim D from a lock or from the Defendant’s mobile phone, such as Paragraph 1, and then sealed and resisted the victim’s chest on the part of the victim, she divided the victim’s two descendants into the floor, suppressions the victim’s sexual organ into the part of the victim, and rapes by inserting the victim’s sexual organ into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense and the point of choice of punishment: The point of quasi-rape under Article 297 of the Criminal Act: Articles 299 and 297 of the Criminal Act and the point of taking photographs using Kameras, etc.: Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes determined for the crime of rape with the largest penalty);

1. Article 53 of the Criminal Act for discretionary mitigation.

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