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(영문) 광주지방법원 2017.12.15 2017고단4956

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on September 1, 2017, the Defendant taken pictures and videos using the Defendant’s smartphone (LG-F720K) camera function as a camera of the Defendant’s smartphone (LG-F720K).

Since then, the defendant has become the victim only to himself.

On September 2, 2017, in order to mislead the victims of defective damage to see that they met with men working in the same restaurant, and to threaten the victims to prevent them from leaving the restaurant, the images and videos taken by the victims including the children of the victims, such as in the list of crimes in the attached Form C, were transmitted to three persons, including the victims, as above.

Accordingly, the defendant provided others with photographs taken by another person's body which may cause sexual humiliation or shame against the will of the person to be taken.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Do course photograph (C) and cellular phone text photograph (C) of the closure;

1. In the investigation report (the result of digital siren analysis), photographs of Sep. 1, 2017 restored, photographs of motion pictures on Sept. 1, 2017, photographs of some of the restored images, evidence 1.xlsx/ message of the North Korean breadth No. 2017-270, and evidence 1.xlsx/ photograph of the North Korean breadth No. 2017-270;

1. Application of Acts and subordinate statutes on investigation reports (E telephone conversations, etc.)

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Exemption from an order of disclosure and notification;