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(영문) 부산지방법원 2017.05.25 2016고단8543
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Crimes of Using and photographing cameras, etc.);

A. On January 2016, the Defendant: (a) administered a sexual intercourse with the victim C (at 54 years of age) in an insular telecom near the Southern-dong, Seo-gu, Busan; (b) performed the recording function of his smartphones without the victim’s consent; and (c) took the image of the Defendant and the victim’s sexual intercourse by setting up his smartphones on the television side in front of the invasion, without the victim’s consent.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

B. On March 2016, the Defendant, along with the victim C (n, 54 years of age) at the trade influorial telecom located in the Southern-gu Busan metropolitan area, carried out a sexual intercourse with the victim C, carried out his/her own smartphone photographing function without the victim’s consent, and took a photograph of the Defendant and the victim’s sexual intercourse by setting up his/her own smartphone on the television side in front of the bed.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

2. On May 16, 2016, the Defendant damaged property: (a) in a car owned by the Defendant, which was parked on the road near the Busan Yanpo-gu Manpo-gu, Busan, Busan, on the ground of male problems of the victim C and his female; (b) the victim was unable to get off the victim’s arms to get out of the car because of the male problems of the victim; and (c) the victim was “to talk about children, and to report to the Seobu Police Station,” and reported to the Seobu Police Station, the victim was suffering from the cell phone and caused damage to the victim’s cell phone volume by reducing the smart phone amount of KRW 150,00,000 when the victim’s market value is galloned, thereby impairing the situation of the cell phone amount of the above smartphone.

Summary of Evidence

1. The legal statement of the witness C;

1. The suspect examination protocol against the accused is in the process of interrogation of the suspect;

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