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(영문) 수원지방법원 2015.10.22 2015고단3882
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1.(a)

On June 2015, the Defendant taken pictures of the images of the victim C (28 years of age) who was in Hasung-si B, using his opphone6 mobile phone camera in his opphones, who was off from the lower court and her panty with the panty spanty spanty spanty spanty.

B. On June 29, 2015, the Defendant taken pictures and videos of the body of the victim, who was off from the body of the said victim in the manner as referred to in paragraph (1), in the manner as referred to in paragraph (1).

C. Around July 2015, the Defendant, at the above victim’s house, taken a photograph of the victim who was off from the fright, and she was seated with the frighter in the manner prescribed in paragraph (1).

As a result, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his/her will.

2. At around 02:00 on July 20, 2015, the Defendant sent the pictures and videos taken by using the Kakao Stockholm case located in his/her cell phone device at the Defendant’s house located in Ma in Ma, to female E-sports of the victim, respectively, as described in paragraph (1).

Accordingly, the defendant provided the photographing of another person's body, which could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the Kakaogle photographs (the contents of the Kakaogle conversation and body photographing photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Relevant Provisions concerning the facts constituting an offense 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;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the victim shall have taken the body of the victim over three times, and such body shall be taken against the female-friendly Gu of the victim.

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