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Reasons
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(영문) 대구지방법원 서부지원 2020.04.22 2019고단2592
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On June 11, 2019, the Defendant taken pictures of the victim’s body against his will that could cause sexual humiliation or sense of shame by using a camera of Aphone X, while engaging in sexual intercourse with the victim C (V, 51 years of age) to engage in sexual intercourse through smartphone hosting display. The Defendant taken pictures of the victim’s body that could cause sexual humiliation or sense of shame.

B. On July 3, 2019, the Defendant taken a sexual intercourse with the victim E (V, 60 years of age) to engage in commercial sex acts through smartphone hosting display at the Domo-gu Domo-gu Domo-gu 22:30 on July 3, 2019, and taken the body of the victim who could cause sexual humiliation or shame against his will, using the Gaphone X-ray camera.

2. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts;

A. The defendant 1. A

At the time and place indicated in the port, smartphone-making fishing displayed to the above C, which is a woman sexual traffic, for the cash of 60,000 won, and was engaged in sexual traffic once.

B. The defendant 1.B.

At the time and place described in the port, smartphone-making display was made in exchange for cash 80,000 won to the above E, which is a woman with sexual traffic, and the sexual intercourse was made once.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C and E;

1. A criminal investigation report (Attachment to photographs of damaged images);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment of Acts of Arranging Sexual Traffic, the Punishment of Acts of Arranging Sexual Traffic, etc. 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:

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