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(영문) 전주지방법원 군산지원 2018.10.05 2018고단517
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2018, at around 07:00, the Defendant and B met the victim E (name, leisure, age 21) and F (age 21) in front of the D cafeteria located in the next day of the next day of the next day of the following city: (a) the victim E and F (age 21) were the house of B.

The Defendant, at around 08:30 on the same day, taken the parts of the body of the victim in a state of body using a smartphone, while having sexual intercourse with the victim in the house room B located in Yasan-si, Yasan-si.

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

Summary of Evidence

1. Statement made by the police for E;

1. Investigation report (related to the results of digital siren evidence analysis) and report on the results of digital evidence analysis;

1. Application of statutes on the list of seizure and the protocol of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is not only the defendant not only commits the crime, but also denies and does not reflect the crime at the time of the crime. The crime of this case is taken by the defendant by a camera, which was loaded the body part of the victim's body on a mobile phone, and the victim caused considerable sexual humiliation. Nevertheless, the crime of this case seems to have been committed by the victim due to the fact that the victim could not have been able to feel a sense of sexual shame. The crime of this case is an unfavorable sentencing factor, the victim was immediately discovered immediately after shooting, and the video file was deleted, and the fact that there was no record of punishment heavier than the same crime or fine is favorable sentencing factor, and the conviction of each crime of this case, which is a sex crime subject to registration and submission of personal information, such as age, sexual conduct, motive for the crime, circumstances after the crime, becomes final and conclusive.

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