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(영문) 서울동부지방법원 2016.05.12 2016고단667
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 2015, the Defendant, at the “Modong-gu,” located in Seongdong-gu Seoul, stored the video files using the cell phone camera function in which the Defendant used the cell phone camera function in which the Defendant had a head of sexual intercourse with the victim by agreement with the victim C (V, 24 years of age).

On December 26, 2015, the Defendant sent the above video files to E through the D marc mar method using a portable phone used by the Defendant against the intent of the victimized person against his/her will, and sent the above video files to E via the marc mar method, and from that time to January 6, 2016, the Defendant sent the above video files to E 11 times in total, as described in the list of crimes in the attached Form from that time to January 6, 2016.

Accordingly, the defendant distributed a video file against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Investigation report (Investigation of the articles seized Samsungland Macker), investigation report (Submission of closure data to a witness F. F. M. E.S. witness for the other party to sexual dynamics distribution), investigation report (specific relation, such as the date and time of crimes committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.));

1. A protocol of seizure and a list of seizure (the net 67,68);

1. Application of the Act and subordinate statutes to cover the screen (net 34), to cover the CCTV screen (netly 63), to cover the CCTV screen of the Defendant-related CCTV (netly 80), to cover the pictures of Samsungland Massen Massen (netly 80), and to cover the pictures of the screen of the Dssen Massen ssen

1. Article 14 (2) and (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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the instant crime.

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