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(영문) 수원지방법원 성남지원 2017.10.27 2017고단1872
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

1. On February 23, 2017, the Defendant: (a) taken the body form of the body body of a person who was off or was off the body form and the body body of the victim E (27 years old) with the Defendant’s cell phone camera, at a hotel in Seongbuk-gu, Sungnam-si, Sungnam-si; and (b) with the victim E (27 years old) with the Defendant’s cell phone camera.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On April 10, 2017, the Defendant sent the pictures of the said victim taken as in paragraph 1 to F’s mobile phone, a female of the victim, using the Defendant’s mobile phone.

As a result, the Defendant provided the body of another person, which may cause sexual humiliation or sense of shame, to be taken by using a camera against his will.

3. On April 11, 2017, the Defendant sent the victim’s photograph taken as set forth in paragraph 1 to F’s cell phone, which is the female of the victim’s sexual intercourse, using the Defendant’s pro-Japanese mobile phone in which the Defendant took the same as that of paragraph 1.

As a result, the Defendant provided the body of another person, which may cause sexual humiliation or sense of shame, to be taken by using a camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the closure of each Hf course;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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 (The following favorable circumstances):

1. The defendant's reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not limited to photographing the victim's body pictures against the victim's will, but to the victim's matrimonial engagement.

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