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(영문) 서울남부지방법원 2020.01.10 2019고합348

강간등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From around 2016 to May 2018, the Defendant had rights and duties as victims B (n, 47 years of age) and private rights.

1. No person shall photograph another person's body against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, from August 2018 to September 201 of the same year, the Defendant taken pictures of the victim’s sexual organ and body in a total of three times in the same manner as indicated in the attached crime list (1) in the following manner, using his cell phone camera function in the guest room in Gangseo-gu Seoul Metropolitan Government (the age of 46 years at that time) without the consent of the victim (the victim).

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mechanical device with a camera function against his will.

2. On March 2, 2019, the Defendant habitually threatened the victim on the ground that the victim did not grow well at the place of 16:19, on the ground that he had not done so, and sent the message to the victim (the 47 years old at that time) using the Kakakao Kakao Kao Meet function to the victim (the 47 years old), and then sent the message to the victim, “as soon as the Stockholm-Chewing pacter is completed so as to be in the process of restoring the video at the Kao Kao Kao Meth present base now.” This is a threat that the victim sent the message to the victim’s husband of sexual intercourse with the victim’s sexual intercourse with the victim’s husband at that time from that time.

8. By the time of May, 15, the message sent in the same manner over a total of 109 times, such as the table of offenses (2) was threatened as if it were to inflict harm on the victim.

Accordingly, the defendant habitually threatened the victim.

3. The Defendant: (a) recorded on March 23, 201 at an insular place; (b) recorded on March 23, 2019.