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(영문) 인천지방법원 부천지원 2019.02.20 2018고단3244

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four 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

Even if it does not go against the will of a person subject to photographing at the time of photographing, no one shall distribute, sell, lease, provide, or openly exhibit or show photographs of another person's body which might cause sexual humiliation or shame against his/her will after the recording.

Nevertheless, around October 29, 2017, the Defendant posted one-day “E” by accessing the Defendant’s residence in Bupyeong-si B building, C, and D with “D” in a way that retweet the Defendant’s D (G) that the victim F (year 21) downloads the anti-literic image with the victim F (year 21).

Accordingly, the Defendant displayed the body photographing of the victim, which could cause sexual humiliation or shame, openly against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. Application of the Acts and subordinate statutes in Chapter 1 of the video CD;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The reason for sentencing under the main sentence of Article 56(1) and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant, from several years ago, taken a variety of images in which many and unspecified persons view the change in the toilets, and was suspended from indictment and juvenile protective disposition, etc. on several occasions, and was sentenced to a suspended sentence of imprisonment in 2015.

Nevertheless, it is necessary to impose severe punishment that the sex offense of this case has been committed.

The victim suffered enormous pain.

However, the fact that the defendant suffers from the injury of the defendant and this point seems to have had an impact on the crime of this case, and that the victim paid the amount of 4 million won agreed upon by paying the victim the amount of 4 million won, and that the victim does not have the punishment for the defendant any longer, the age, occupation, and occupation of the defendant.