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(영문) 수원지방법원 2016.07.28 2016고단2569
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 October 25, 2015, at around 01:00, the Defendant: (a) had sexual intercourse with the victim D (the victim 23 years old) located in Suwon-gu, Suwon-gu, Suwon-gu; (b) took two copies of the victim’s chest photographs, etc., of the victim who was off her clothes without the victim’s consent, using the Defendant’s cell phone; (c) provided the victim’s chest photographs on E around 21:16 of the same day.

2. On December 24, 2015, the Defendant, within 02:24, around 02:506, displayed his/her mobile phone with a video function on a table to have pictures of sexual intercourse with the victim, and took pictures of the victim’s body body body images containing a device of sexual intercourse with the victim without the victim’s consent, and provided, on December 24, 2015, to G, a photograph of capturing a sexually related video with the said victim on the street.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Evidence photographs;

1. Investigation report (investigation of witnesses);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 14 (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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes committed against the victim’s will in this case is that the defendant taken photographs of the body and sexually related motion pictures against the victim’s will and provided them to the victim, and the crime is not good in light of the form and content of the crime, and there is no effort to recover damage.

On the other hand, there are extenuating circumstances, such as the fact that the defendant reflects his mistake in depth and that the defendant has no criminal record except for the punishment twice as a fine for a different kind of punishment.

The age, age, and age of the defendant.

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