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(영문) 수원지방법원 2020.04.23 2020고단206
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 25 years of age) and the victim from February 2017 were in a relationship of relationship.

1. Around July 24, 2019, the Defendant, on July 24, 2019, took one-time a back habit of a victim in sexual relationship with the Defendant using a gallon function of a smartphone (gal gallon 9) owned by the Defendant while having sexual intercourse with the victim at a dormitory where the Defendant living in Fri-si C, in which he/she had sexual intercourse with the victim.

2. On August 20, 2019, the Defendant, at around 22:28:28 on August 20, 2019, taken twice back the back habits of the victim who was sexually related with the Defendant using the camera functions of smartphones (trigal gallon 9) owned by the Defendant, while having engaged in sexual intercourse with the victim at the dormitory specified in paragraph (1).

3. On August 24, 2019, the Defendant, at around 09:55 on August 24, 2019, taken two-time images of the victim who was divingd by using the camera functions of smartphones (trigal gallon No. 9) owned by the Defendant in Suwon-si DNA Damo-gu.

4. Around August 31, 2019, the Defendant took one-time photograph of the victim who was divingd by using a galthothotho of smartphone (Talthothno No. 9)’s galthothothm function in a female E hotel on August 31, 2019.

Accordingly, the defendant taken four times in total the body of the victim against the victim's will that could cause sexual humiliation or shame by using mechanical devices such as a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of the CD-related Acts and subordinate statutes, such as photographs, data submitted by victims, such as photographs, photographs, and photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Special cases concerning the punishment, etc. of sexual assault crimes;

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