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(영문) 서울남부지방법원 2015.11.04 2015고단3572
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around August 2013, the Defendant, at a room where the Defendant was unable to know the second floor of the Cirel located in Seodaemun-gu Seoul, Seodaemun-gu, a mobile phone device of the Defendant’s mobile phone device (observersG2, serial numbers number omitted) with the victim’s sexual intercourse with the victim’s mobile phone device, taken the Defendant’s sexual intercourses against the victim’s will.

As a result, the defendant taken the sexual intercourse of the victim who could cause a sense of sexual shame using a mobile phone with similar functions as a camera against his will.

2. At around 11:00 on April 8, 2015, the Defendant taken the sex-related pages of the Defendant and the victim against the victim’s will by using the cell phone device (opon 5S, serial H) of the Defendant’s cellular phone device (opon 5S, serial H) while having sexual intercourse with the victim G (opon 21 years old) in the F Studio 205 scheme in Geumcheon-gu Seoul, Geumcheon-gu.

As a result, the defendant taken the sexual intercourse of the victim who could cause a sense of sexual shame using a mobile phone with similar functions as a camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on digital analysis and appraisal;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to

The Defendant’s age, risk of recidivism, and the instant case.

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