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(영문) 대구지방법원 안동지원 2018.04.13 2017고정103
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A and D are between the starting point of elementary school to the end, and the victim was known at the time of crime.

Defendant

A around the end of 2012, at the second floor "Furur" room in D and D at permanent residence E at the end of the end of 2012, after drinking alcohol with the victim, proposed a sex relationship with the victim himself/herself and D several times with the victim who consented to the sex relationship, and D attempted to take the face of sexual intercourse with the victim using mobile phone camera function against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness G and D;

1. The result of the CD verification by this Court;

1. Statement made by the police in relation to G;

1. Application of the Acts and subordinate statutes to a investigative report;

1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion lies in the fact that the Defendant had sexual intercourse with D with the victim, but there is no record of photographing the face of sexual intercourse with the victim as a mobile phone at the time.

Even if the defendant had been taken,

Even if it was not taken against the victim's will, it is not taken.

2. Determination

A. 1) Whether the defendant tried to take the image of the video of this case as to whether the defendant appeared in the video of this case, or whether the victim appeared in the video of this case, which was submitted as evidence, stated that the victim's sexual intercourse with the defendant, and the victim's sexual intercourse with the defendant, D, when considering specific circumstances, etc., the victim reported the video of this case in the course of investigation, and made the above statement of the victim's sexual intercourse with the defendant and D.

The victim's statements are different from those of other men.

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