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(영문) 수원지방법원 2018.04.12 2017고단7885
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

A. From February 2, 2017 to March 2017, the Defendant took pictures of the sexually related video images and photographs between approximately one minute against the victim’s will while having sexual intercourse with the victim B (n, 25 years of age) who had sexual intercourse with the Defendant, at the mutual influorial telephone in Sungnam-gu, Sungnam-si, Sungnam-si, and the sexual intercourse with the victim B (n, 25 years of age),

B. From July 2016 to August 2017, 2017, a female victim’s mared twice the above G5 mobile camera against the victim’s will while having a meeting with members of the film club in the mutual influent penta, which cannot be identified, while having a meeting with members of the film club at the same time.

C. On July 30, 2016, from around 23:19 to around 23:59 on the same day, the part of the bridge of a female victim, where the name of the short franchiscis C, “D,” located in Suwon-si, Suwon-si, is unknown, is taken five times in the above G5 portable camera;

라. 2016. 7. 31. 03:24 경 수원시 팔달구 E에 있는 F 클럽 앞 골목길에서 흰색 핫팬츠 차림의 성명을 알 수 없는 여성 피해자의 엉덩이 부분을 피해 자의 의사에 반하여 위 G5 휴대 폰 카메라로 약 50초 간 동영상 촬영하고,

E. On August 28, 2016, at around 20:57, the Defendant taken one-time photographed of a female victim’s bridge part, against the victim’s will, where the name of the short franite picture in the finite cafeteria, located in the finite Eup, in light of the trade name and the name of the short finite car in the finite cafeteria.

Accordingly, the Defendant taken the body of another person, which could cause sexual humiliation or shame over five times, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning the list of photographs of evidential materials submitted by the victim and the video list;

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 Code of Aggravation of Concurrent Crimes;

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