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(영문) 서울서부지방법원 2019.02.18 2018고단4233
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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

Around August 2018, the Defendant came to know of the victim B (the age of 28) through a mobile phone-making display system (the age of 28) and had a sexual relationship with the victim at the home of the Defendant, and had the head photographed the scene with the mobile phone of the Defendant.

1. On October 30, 2018, the Defendant taken photographs around October 30, 2018, at the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government C and D, and around October 23:30, 2018, the Defendant used the Defendant’s mobile phone photographing function, and concealed it, concealed it, kis with the victim, and kis, and the victim’s upper part of the victim’s body by exposing the chest and exposing it out and exposing it.

Accordingly, the Defendant taken the body of another person, which could cause a sense of shame by using a camera, against his will.

2. On October 31, 2018, the Defendant, at around 10:00 on October 31, 2018, took pictures of the victim’s sexual intercourse with the victim, she performed the function of photographing videos in the said manner in the above Defendant’s residence, and concealed them, and exceeded all clothes of the victim, and was in a sexual intercourse with the victim.

Accordingly, the Defendant taken the body of another person, which could cause a sense of shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. The police seizure report and the list of seizure;

1. Application of Acts and subordinate statutes to investigation report (statistical investigation of extraction outcomes of digital evidence analysis);

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration the circumstances, such as the fact that the mistake of one's own body is against one's own will, the first offender, and the fact that the victim was discovered after shooting and is not distributed to

1. To take lectures;

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