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(영문) 서울중앙지방법원 2018.11.23 2018고단6230

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

1. On February 4, 2018, at around 09:36, the Defendant taken two photographs of the body of the victim who could cause sexual humiliation or shame by taking two photographs of the body part of the victim, such as bucks, under the influence of alcohol, by using the body part of the victim’s cellular phone function in sofacing so that the victim, who was in company with the name in Seocho-gu Seoul, could not cause any sexual humiliation or shame.

2. The Defendant, at around 09:36 around February 4, 2018, around 09:43, and around 09:47, via a mobile phone at the Internet site “D” at the place indicated in paragraph (1) around 09:47.

16 1.6 2 1.6 2.3 1.6 2.2 1.2 1.5 2.

“Along with the title “I wish to respect or stick,” three times, posting three photographs taken as described in paragraph 1, and openly display the images taken against the victim’s will that may cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (the photographs posted by the person under investigation on the D website), investigation reports (the results of digital siren analysis), and investigation reports (the details of the prosecutor's instructions);

1. The application of statutes to the posted photographs, digital evidence analysis results, responses, cell phone calls of the suspect, and details of transactions of entry and departure of the suspect;

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code is that the defendant, who was under the influence of alcohol, put up and photographs of the victim on the Internet three occasions and posted three photographs on the Internet.

(b).