beta
(영문) 부산지방법원 2020.08.12 2019고단5754

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 28) are known from May 2017 to the point of view.

1. On May 2017, the Defendant: (a) taken photographs of the victim’s body body locked from May 2017, using a mobile phone camera in Busan Jin-gu C building D in Busan, Busan, on or around May 2017.

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

2. Around March 8, 2018, the Defendant sent the victim’s body pictures taken using Kakao Stockholm to E, who was an offender at a place in a scarooo site on March 8, 2018.

As a result, the defendant provided photographs of the body of the victim who could cause sexual humiliation or shame by using camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (Submission of Materials B and telephone statements), investigation report ( telephone conversations for reference), investigation report (report on cellular phone text messages related to suspect cell phones text messages);

1. Application of the Kakao Stockholm statutes

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 14 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 14 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); the selection of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. A Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15352, Jan. 16, 2018);