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Reasons
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(영문) 인천지방법원 2019.02.14 2018고단8895
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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. On August 28, 2017, the Defendant: (a) had sexual intercourse with the victim with the victim of his/her name in relation to the building B in Seosan City; and (b) had sexual intercourse with the victim of his/her name that he/she came to know while he/she had been doing so; and (c) had taken photographs of the victim’s physical telegraph using his/her cell phone with another victim’s cell phone located in Kameras.

Accordingly, the defendant taken the body of the victim against his will, using the devices similar to the camera, which could cause sexual humiliation or shame.

2. Around September 8, 2017, the Defendant: (a) had sexual intercourse with the victim D, who was aware of the reputation, and had sexual intercourse with the victim D using the Defendant’s mobile phone located in the camera, taken the victim’s her body part, who may cause sexual humiliation or shame, against his/her will; and (b) sent the victim’s photograph taken to the Defendant’s friendship F using the Masen on the same day at around 08:27 on the same day to the Defendant’s friendship, along with the message.

Accordingly, the defendant taken the body body of the victim D against his will, by using a mechanical device similar to the camera, which could cause sexual humiliation or shame, and provided the victim's body parts taken by the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement with respect to F and D (including attached documents);

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 (the provision of taking photographs and taking photographs of a camera) and the selection of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The punishment, etc. of sexual assault crimes;

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