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(영문) 의정부지방법원 2020.06.18 2019고단5405
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 20, 2013, the Defendant, in committing the crime against the victim, taken a video image of a woman-friendly appearance victim (here, 20 years of age) at a lodging facility located in the Philippines, even though the victim was called the victim’s early stage, he/she had sexual intercourse.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. Crimes against victim △△△△△△;

A. On February 6, 2013, the Defendant, at the home of the Victim △△△△ (Inn, 18 years old) located in the Namyang-si, Namyang-si, a female-friendly video recording of the victim who was diving by using the Defendant’s smartphone video image.

B. On February 22, 2013, the Defendant, at the victim’s home, taken a visual image of the victim who was diving by using the Defendant’s smartphone image function.

C. On April 13, 2013, at the victim’s home, the Defendant taken a visual video recording of the victim who was diving by using the Defendant’s smartphone image function.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about △△△△△△;

1. Each protocol of seizure and each list of seizure;

1. Each investigation report (with respect to data submitted by a complainant and with respect to video images of paragraph 2-1 of the list of crimes);

1. The entry or departure status of each individual, each digital evidence analysis report, and digital siren 8) the list of video images and the application of C video-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. shall be applicable to the crime.

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