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(영문) 울산지방법원 2019.10.11 2019고합98
강간등
Text

In the case of the first-class or fourth-class crime of the defendant's judgment, the first-class, second-class, and second-class crime of the judgment shall be sentenced to imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2017, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for a violation of the Road Traffic Act (unclaimed Measures) at the Ulsan District Court on July 18, 2017, and the said judgment became final and conclusive on July 26, 2017.

【Criminal Facts】

The Defendant is between the victim B (n, 24 years of age) and the victim B (n, 24 years of age) from November 2015 to June 2018.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On February 2, 2017, the Defendant taken pictures of approximately 40 seconds of video images using smartphones (opphone 8 Ponphones) function used by the Defendant, in a hotel located in Ulsan-gu C, Ulsan-gu, by using the victim’s smartphones (opphone 8 Ponphones) camera.

B. Around March 2017, the Defendant taken pictures of approximately 26 seconds of video images using smartphones (opon 8 Ponphones) devices used by the Defendant following the victim, using the form of sexual intercourses with the victim within the building F of Ulsan-gun E-gun, Ulsan-gun, Ulsan-gun, one’s own own initiative, with approximately 26 seconds of video images.

C. Around April 2017, the Defendant taken the image (21 seconds, 1 minute 24 seconds) on two occasions using a smartphone (Aphone8 Plopon) function used by the Defendant, which used the victim, in a D hotel located in Ulsan-gu C, Ulsan-gu, 2017.

On June 2017, the Defendant taken pictures of approximately 43 seconds using smartphones (opphone8flus) function used by the Defendant in the injured party to have sexual intercourse with the victim within the building E No. 3 of Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant used a smartphone (opphone8flus) camera.

E. Around November 2017, the Defendant taken pictures of approximately 30 seconds of video images using smartphones (opphone 8 Ponphones) functions used by the Defendant in the injured party, namely, smartphones (opphone 8 Ponphones) lines within the building F of Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do.

F. Around January 2018, the Defendant served as a smartphone (opphone 8 U.S. P. Kamer) used by the Defendant in the context of sexual intercourse with the victim within building F of Ulsan-gun E, Ulsan-gun.

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