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(영문) 서울서부지방법원 2021.01.13 2020고단3700
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than eight 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 a space between the victim B (n, 32 years of age) and the victim B (n, 32 years of age) from November 2018 to June 2019.

1. Around September 14, 2019, the Defendant took two times against the injured party’s will by using the Defendant’s cell phone camera function in Eunpyeong-gu Seoul apartment and D bank, the Defendant’s residence, around 07:37, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. Around April 19, 2020, the Defendant sent the victim’s cell phone Kakakao Stockholm photographs using the victim’s cell phone Kakao Stockholm at the same place as paragraph (1) around April 22:46, 2020, where the victim applied for a camera by using the victim’s cell phone Kakao Kakao Kamera at the victim’s residence.

Accordingly, the Defendant sent to the other party images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Scaro Stockholm dialogue content and photographs;

1. Investigation report (the results of the digital sirening of the known mobile phone);

1. Application of each existing statute referred to in subparagraphs 1 and 2, of seized evidence;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202); Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [the crimes committed against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Kameras, etc.)] shall be applicable to each of the above crimes.

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