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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.10.28 2016고단2849
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence from the defendant shall be confiscated subparagraph 3.

(b) the defendant;

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 September 2015, the Defendant taken a visual image of the victim D (n, 26 years of age) located in the Nam-gu Incheon Metropolitan City, using the cell phone camera function of the cell phone, from around September 2015, the part of the victim’s sexual intercourses with female-friendly job offers victim and sexual intercourses.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

B. At around 22:30 on January 201, 2016, the Defendant: (a) taken the victim’s body from the victim’s house; (b) taken a bath and her body from the bath room using the cell camera function of the mobile phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. Around February 2016, the Defendant, who was threatened with the victim, was aware of the fact that the victim did not meet another male.

Accordingly, the Defendant posted a phone to the victim on March 2, 2016 at the Escam room located below the Yangju City, around 19:30 on March 2, 2016, and thereby, the Defendant sent the phone to the victim, and thereby “it is difficult for the victim to delete (on the dynamic image).” At the same time, the Defendant reported to Escams even at the police. N is no superior for the Defendant to report the means and method to Escam, and made it possible for Escam to enter into marriage.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Statement of seizure of each police;

1. Investigation report (the relative investigation of the victim, details of intimidation, etc.), investigation report (to listen to and analyze the contents of telephone), investigation report (the results of the analysis of smartphones, street North Korea, results of the analysis of smartphones, activities to protect the victim, and report on the suspect trends);

1. Application of the F message content, video-recording data, and recording-recording statutes;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of usage and photographing, such as Cameras), Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, respectively;

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