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(영문) 대구지방법원경주지원 2020.12.09 2020고단438
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in relation to the rights and duties of victims B (the family name, women, 51 years of age) and from February 2019.

On January 7, 2020, at around 23:11, 2020, the Defendant installed a mobile phone of Samsung Tallon City 9, which is owned by the Defendant, on the front line of the cremation unit, and photographs a fallon of a mobile phone with a sex relationship with the victim using a mobile camera function.

B. On January 22, 2020, at around 19:40 on January 2, 2020, the Defendant installed Samsung Gallon-si 9 mobile phones owned by the Defendant on the victim’s gallony base line, and taken pictures of a sex relationship with the victim using the mobile phone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. The criminal defendant's protocol of seizure B of each police's protocol of statement concerning the suspect interrogation protocol B on the suspect interrogation protocol B on the defendant's legal statement, the criminal investigation report on the list of seizure (the name of the suspect D sent to the victim by Kakao Stockholm) and the Kakao Stockholm conversation

1. In the application of investigation reports (Attachment to the Kakaox sent by a suspect DNA to the victim), investigation reports on screen pictures (Attachment to sexually related video images stored in A mobile phone camera), investigation reports on cell phones images (Attachment to the screen screen in which a suspect A turns out a cell phone installed by a suspect), investigation reports on cell phone images (Attachment to the screen screen in which a suspect turns out a cell phone installed by A), investigation reports (Attachment to the screen screen business of video CD stored in A mobile phone), and the Acts and subordinate statutes on video CDs;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) (Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes)

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

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