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(영문) 서울서부지방법원 2018.06.22 2018고단1337
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Eel”) on December 24, 2017, the Defendant, at the guest room located in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (hereinafter “Eel”). Before the Defendant’s sexual intercourse with Mapo-si, he divided the video camera of the cell phone 8 mobile phone from the Defendant’s Mapo-si, and tried to take the Mapo-dong image screen of the cell phone with the victim, but the Defendant attempted to discover the Mapo-si and take the Mapo-dong image of the victim. However, the Defendant attempted to take

2. The injured Defendant, at the same time and at the same place as above 1.3 time and in order to resist the Defendant’s act of photographing the Defendant’s camera, recorded a conversation with the Defendant on the victim’s cell phone in order to keep evidence, and then deducted the victim’s cell phone in his hand. In order to find out the mobile phone, the injured Defendant 1.3 times pushed the Defendant into the victim with his son, shoulder, blus, etc., and caused the victim to go beyond the victim’s boom, table, floor, etc.

As a result, the Defendant committed multiple diversities, salt, etc. to the victim for about two weeks of treatment.

3. The Defendant damaged property at the same time and at the same place as the above 1. paragraph (1) of this Article, deleted one voice file in which the victim recorded the conversation with the Defendant by cutting off the victim’s cell phone LG G3 from his cell phone.

Accordingly, the Defendant damaged the special media records such as electronic records of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Investigation report (the result from the analysis of suspect mobile phone evidence);

1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel only carried out the recording function of a smartphone in order to record the victim's sexual intercourse with the victim's sexual intercourse, and they did not want to take the image of a sexual intercourse with the victim.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the Defendant, as the victim.

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