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(영문) 의정부지방법원 고양지원 2019.01.15 2018고합229
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Sexual assault, 40 hours against the defendant.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On April 28, 2018, the Defendant taken pictures of the victim’s body against his/her will, while having sexual intercourse with the victim, taking the victim’s cell phone Kameras, etc. from female toilets located in Ildong-gu, U.S.A. B at night, which might cause sexual humiliation or shame using a camera.

B. Around 01:00 on May 14, 2018, the Defendant taken pictures of the victim’s body against his/her will, by photographing the victim’s sexual organ, her amb, etc. from female toilets located in the second floor of “B building”, using the Defendant’s cell phone camera, thereby causing sexual humiliation or shame using the camera.

C. On May 21, 2018, the Defendant provided the victim’s body body taken against his/her will, by transmitting the victim’s photograph with his/her sexual organ recorded at the time of entry in the instant B/L to friendly E, at around 19:00, via “D Messen”. The Defendant provided the victim’s body taken against the victim’s will, which could cause sexual humiliation or shame.

2. The Defendant assaulted the victim at around May 13, 2018 on the second floor of the “B building”, on the ground that the victim under the influence of alcohol was “b,” while wishing to be the Defendant. As such, the Defendant assaulted the victim at his/her hand at approximately five times, by taking the victim’s bucks against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The prosecutor's office and the police's statement concerning G;

1. Records of seizure and the list of seizure;

1. Revolving results of digital evidence analysis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) and Article 260(1) of the Criminal Act (amended by Act No. 15977, Dec. 18, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are the most severe punishment and punishment.

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