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Reasons
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(영문) 서울동부지방법원 2012.12.13 2012고합568
강간등
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A defendant shall be punished by imprisonment for six months.

The seized smartphone (No. 1) shall be confiscated.

The defendant shall be 40 hours.

Reasons

Punishment of the crime

1. Around October 7, 2012, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes), took pictures of the victim’s b body, resident registration certificate, and the Defendant’s sexual intercourse with the victim’s smartphone (Evidence No. 1) function, by committing rape to the victim’s D (in female, 19 years of age) at the Gangdong-gu Seoul Metropolitan Government Mamoas 903 Office, and by taking advantage of the victim’s b body, the victim’s body, resident registration certificate, and how

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using similar devices such as camera, etc.

2. On October 18, 2012, the Defendant attempted to receive money from a food victim by threatening that “I will transmit his/her body photograph, resident registration certificate photograph, and sexually related video images to his/her family members and distribute them to the Internet without giving money,” but the Defendant attempted to receive money from a food victim by reporting to the police and arresting him/her on the arrest of him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the victim's b body photographs and Kakao Stockholm dialogue;

1. The list of seizure;

1. Investigation reports (influence of the place and movement route of damage, investigation into the victim's Kakao Stockholm conversations, and addition to the contents of the victim's Kakao Stockholm;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras and Selection of Imprisonment) and Articles 352 and 350 (1) of the Criminal Act (the attempted crime and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Confiscation.

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