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(영문) 인천지방법원 2012.10.25 2012고단9835
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

One mobile phone (C) seized shall be confiscated (No. 1).

Reasons

Punishment of the crime

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

A. On July 4, 2012, at around 16:51, the Defendant: (a) installed a mobile phone of the Defendant who operated a video function after television, and took 22 minutes of a sexual intercourse with the victim without obtaining the consent of the victim E (n, 49 years of age) who was pet at the house of the Defendant, Dara Dara Da-dong, Nam-gu, Incheon, Nam-gu, Incheon; (b) taken the image of the Defendant’s cell phone in which the Defendant had sexual intercourse with the victim; and (c) taken the image of the Defendant’s cell phone in which the victim saw in the toilet after completing the sexual relationship.

B. On July 10, 2012, around 19:41, the Defendant taken a photograph of approximately 31 minutes of a sexual intercourse with the victim in the same manner at the same place.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame on two occasions by using the machinery similar to the camera.

2. On August 11, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent text messages to the victim by using the Defendant’s mobile phone on the ground that the victim was not contacted; (b) using the Defendant’s mobile phone, and (c) transmitting text messages, “Isle and Hasle, Isle, Isle, Isle, Isle, Isle, Isle,” and transmitted text messages and the victim’s b

As a result, the defendant has repeatedly reached the victim with images that cause fear or apprehension.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Complaints, text messages, photographs, digital evidence analysis results, correspondences, seizure records, photographs, cellular phones, investigation reports, and application of Acts and subordinate statutes to the details of text messages;

1. Relevant provisions concerning facts constituting an offense and the punishment, etc. of each sexual crime selected;

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