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(영문) 수원지방법원 성남지원 2017.11.24 2017고단1919
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 2017, 2017, the Defendant: (a) was a victim E (nive, pseudonym, and age 21) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. On-site report (Attachment of a cell phone image and a screen image to the screen of the video) (The defendant and his defense counsel asserts that the victim’s image was recorded by dividing the cell phone pressing at the time, and that the defendant’s photograph was not taken intentionally.

However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., (i) the overall body of the victim, who was in a CD, is taken out in a stable manner without a large 10 seconds of the cell phone page centering on the cell phone screen, and thus, can sufficiently be seen that the victim had the intention to take the screen rather than being taken by a large 10 seconds; (ii) according to the victim’s statement, the victim was considered the above screen from the Defendant’s cell phone after a certain period of time, and deleted the above screen from the Defendant’s cell phone after transmitting it to his cell phone; and (iii) the Defendant was in custody for a certain period; and (iv) the victim reported the crime of this case with the intent to harm the Defendant otherwise.

In light of the fact that there are no extenuating circumstances to see, and the attitude and attitude of the defendant in the investigation agency and this court, the above argument by the defendant and the defense counsel is without merit).

1. Relevant provisions of the Act concerning facts constituting an offense;

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