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(영문) 울산지방법원 2020.10.22 2020고단2161
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. No person shall photograph the body of a person against the will of the person subject to photographing, using a camera or any other mechanical device equipped with similar functions, which violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Nevertheless, around December 25, 2019, the Defendant: (a) taken a dynamic image of the victim’s body, which might cause sexual humiliation or sense of shame using a mechanical device with similar functions, around Ulsan-gu Bel; (b) had the victim’s sexual intercourse with the victim C without the victim’s consent; (c) had a cell phone two mobile phones wirelessly connected with the victim; and (d) concealed the victim’s sexual intercourse with the victim; and (e) had the victim’s body taken the victim’s body against the victim’s will. On January 13:47, 2020, the Defendant sent the victim the victim’s photograph by sending the victim’s photograph “as if he/she had taken the victim’s sexual humiliation or sense of shame,” and sent the victim’s photograph to the victim’s body by means of taking the victim’s photograph as he/she had taken the victim’s body, as seen in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of conversation and interpretation, and outputs, such as the victim's bridge photographs, made in the body of the person concerned;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras) and Article 283(1) of the Criminal Act concerning criminal facts;

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