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(영문) 울산지방법원 2020.12.17 2020고단2157
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

1. On March 2019, the Defendant taken a photograph of another person’s body against his will that could cause sexual humiliation or sense of shame by photographing a dynamic image using a cell phone camera with a sexual intercourse with the victim C (n, 21 years old) who had attended at the time, while making a sexual intercourse with the victim C (n, 21 years old).

2. On May 6, 2019, the Defendant taken a photograph of another person’s body against his/her will, while having sexual intercourse with the said victim, using his/her cell phone cameras without the consent of the victim, which could cause sexual humiliation or sense of shame, by photographing a video screen with the victim’s sexual intercourse.

3. On December 2019, the Defendant taken a photograph of another person’s body against his will, while having sexual intercourse with the said victim, using a mobile phone camera, which could cause sexual humiliation or sense of shame, by taking a video picture with the victim’s sexual intercourse, without the victim’s consent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (as to the sexually related images, etc.)

1. Application of Acts and subordinate statutes to a report on investigation (for the date, time, and place of the offense);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture is that the accused has taken three or more images of sexual intercourse with the victim without the victim’s consent, and the nature of such offense is not

However, it was originally agreed with the victim (the agreement dated December 9, 2012), taking into account the circumstances in which the defendant has no criminal power, and the degree of identity of the person to be taken.

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