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(영문) 부산지방법원 2016.04.06 2015고단6772
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and two months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. On July 16, 2015, Defendant A taken eight sexual intercourses between the victim and the Defendant on the part of the victim H (the victim’s age 21) against the victim’s will by using a car height model of 506 of the vehicle height Gtel in Busan-gu, Busan-gu, Busan-do, and the victim’s sexual intercourses from around the time to July 16, 2015, as shown in the attached list of crimes (1).

Accordingly, the defendant A taken the body of the victims who could cause a sense of sexual shame against the victims' will.

2. Defendant B

A. Defendant B, at around 18:35 on July 10, 2015, taken pictures of the sexual intercourse between the victim and himself/herself over the intent of the victim H by using the said camera at the same place as above in paragraph (1) of the above Article, as well as taking pictures of the sexual intercourse between the victim and himself/herself, from June 17, 2015 to July 21, 2015.

Accordingly, Defendant B taken the body of the victims who could cause a sense of sexual humiliation against the victims’ will.

B. At the end of July 2015, Defendant B, as seen in paragraph (1) of the above, had access to the Internet site J while keeping the sex-related video taken by the above A, as in the original room that he had been residing in Busan, J., the end of July 2015, Defendant B operated seven of the sex-related video files, namely, K, L, M, N,O, P, and Q, with a view to having access to the Internet site J.

As a result, Defendant B displayed a photograph taken by another person against his will to the public.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Each police statement protocol concerning R, S, H, T, U, and V;

1. The application of Acts and subordinate statutes on screen pictures, videos, pictures, and screen pictures registered in W;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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