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(영문) 대구지방법원 경주지원 2018.05.23 2018고단66
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was in an internal relationship with a victim B (n, 33 years of age) of Vietnam.

1. Around October 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.), took pictures of the fallon of the Defendant using a mobile phone with the victim’s Samsung Gallon, without the victim’s consent, on the following occasions: (a) the Defendant had sexual intercourse with the victim; and (b) had sexual intercourse with the victim; (c)

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. On November 10, 2017, the detained Defendant: (a) stopped the Defendant in front of F on the road located in E on the racing on the front day, (b) stopped the Defendant; (c) stopped the Defendant at a high seat; and (d) stopped the Defendant’s vehicle in front of the marina car driven by the Defendant’s driver’s vehicle; and (c) opened a studle with a stone in the surrounding area with a glass door of the said marina car, and opened a door of the driver’s seat, and (d) laid down the victim in the front seat; and (e) the Defendant did not come up with the driver’s seat.

Along to approximately 200 meters driver's license for the above marina car with the victim's attitude, the victim could not get off.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police in relation to G and B;

1. Investigation report (the details of suspect mobile phone H and sexually related video data);

1. Application of the cd legislation as a result of digital evidence analysis and as a result of digital siren identification;

1. Relevant Article 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, Article 276(1) (a) of the Criminal Act, Article 276(1) (a) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The punishment of sexual assault crimes committed to attend lectures;

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