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(영문) 서울서부지방법원 2020.01.22 2019고단3590
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants concerned are married with the couple, and the victim C (V, 48 years old) was in a relationship with the Defendant A.

2. On October 1, 2018, at around 15:22, Defendant A’s crime, in E located in Mapo-gu Seoul Metropolitan Government, taken pictures using the Defendant’s mobile Samsung Galthotha function in S7 (No. 1), and taken pictures of sexually related images against the victim’s will against the victim’s will during four times as in the list of crimes. The Defendant taken pictures of sexually related images against the victim’s will, without the victim’s consent, and taken pictures against the victim’s body.

3. On January 9, 2019, the Defendant: (a) confirmed that the Defendant sent the victim’s Kakaoopropropy to the “H” account using the SNS “F” account on January 20, 2019; (b) sent the victim’s Kakaopro propy photographs to the victim’s wife; and (c) transmitted one of the victim’s sexually related video images to G against the victim’s will.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning C and G;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Each investigation report (referring to letters sent by G to an investigator, confirmation of the suspect A mobile phone of the suspect who has submitted B to an investigator, and response of the results of digital sirens of the suspect A mobile phone of the suspect who has submitted B);

1. Chograph-faculon, screen image USB, marriage relation certificate, Kakao messages;

1. Application of the existing Acts and subordinate statutes of Samsung Tallon (No. 1) seized Samsung Tallon;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 14(1) and 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment

B. Defendant B: Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the choice of imprisonment

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Defendant A) is the largest;

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