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(영문) 서울남부지방법원 2017.10.27 2017고단3650
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

Criminal facts

1. On August 19, 2015, at around 02:44, the Defendant took a fluoral screen image of the Defendant’s cell phone camera to a fluore female victim by using the Defendant’s cell phone camera.

2. On October 29, 2015, at around 01:08, the Defendant took a protruding screen image using the Defendant’s cell phone camera where the victim, who is a female, was locked, inserted his or her sexual organ into the negative part of the victim, at the store near the entrance of the Seoul Special Metropolitan City located in Gwanak-gu, Seoul Special Metropolitan City.

3. On November 7, 2015, around 04:55, the Defendant, at the location described in paragraph 2, taken a protruding screen picture using the Defendant’s cell phone camera, where the victim as described in paragraph 2 came to diving and added his/her sexual organ to the sound part of the victim, he/she used the Defendant’s cell phone camera.

4. On October 7, 2016, at around 04:46, the Defendant: (a) had sexual intercourse with the victim B (n, 26 years old, 26 years old, and household name) who had sexual intercourse with another’s sexual intercourse in the vicinity of the Seoul Seocho-gu Seoul Arts Center; and (b) taken photographs of the victim’s bareboat incurred in diving using the Defendant’s mobile phone camera on three occasions.

5. On October 15, 2016, from around 23:12 to around 22:33 of the same month, the Defendant taken visual images of the victim who had sexual intercourse with the victim B by using the Defendant’s mobile phone camera, and taken a photograph of the victim’s her body on two consecutive occasions, and taken a photograph of the victim’s body over ten times again.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or sexual humiliation using the cell phone camera (No. 1) against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each video;

1. One (No. 1) and no. No. 1 (R530) of the seized mobile phone (opphone 7).

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