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(영문) 서울중앙지방법원 2018.10.24 2018고단4575
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On March 4, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims B (Kameras et al.) taken pictures of the victim’s back b body condition by using a mobile phone with a camera function, which was found to have sexual intercourse with the victim B (V, 21 years old), and discovered that the victim was able to live in the state of her body after having sexual intercourse with the victim B (V, 21 years old).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.

2. On March 18, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victim E (hereinafter “F Hotel”), taken pictures of the victim’s body pictures and videos using a mobile phone with a camera function, which was found to have sexual intercourse with the victim E (n, 20 years of age) in the room of the “F Hotel of Seocho-gu Seoul Metropolitan Government F Hotel,” around 07:30 on March 18, 2018.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. For the reasons for sentencing under Article 48(1)1 of the Criminal Act, the arguments and records of this case, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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