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(영문) 서울북부지방법원 2021.02.18 2020고단3450
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendants shall be punished by imprisonment for one year.

However, the above punishment against the Defendants for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants and the victims C (V, 18 years old) are between friendships.

1. A around 05:00 on January 5, 2020, Defendant A taken nine video images, such as video images, etc. recorded in the list of crimes in the attached Table, where B and the victim are faced with the victim, using the Defendant’s mobile phone, and at the same time, he/she took a sexual relationship with the victim using the Defendant’s mobile phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. Defendant B

A. At around 05:00 on January 5, 2020, the Defendant taken two video images, such as the video images, etc., attached to the crime list 2 in which A had sexual intercourse with the victim by using the Defendant’s mobile phone, and the Defendant’s mobile phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

B. On January 5, 2020, from around 05:00 to around 07:50, the Defendant provided one of the video images taken as referred to in paragraph 2(a) (i) (i.e., wave : 37EF00-D5F1 - 46-A925-5BAC398AF v) to A’s mobile phone transmission.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each protocol concerning the examination of the witness C, F, G, and H's respective legal statements to the Defendants;

1. Statement made by the police with regard to C;

1. C, F, G, H, and written statements prepared by the Defendants

1. Each protocol of seizure and the list of seizure;

1. Defendant A mobile phone siren-type CD and Defendant B mobile phone digital siren-type CD

1. Application of the Acts and subordinate statutes on the closure of each message;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and Defendant B who selects imprisonment: Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202

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