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(영문) 서울북부지방법원 2016.09.22 2016고단2559

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a member of the entire workplace with the victim C (n, 28 years of age) and is a victim D (n, 34 years of age).

1. On May 2015, the Defendant, within the 12nd floor F conference room of the building in Mapo-gu Seoul, Mapo-gu, Seoul, Seoul, in which the Defendant collected the Defendant’s smartphones with employees and the Defendant’s smartphones inside the camera function at his/her own seat, and taken a video image against his/her will, by inserting the Defendant’s smartphones inside the camera function at his/her own seat.

Then, the Defendant posted a photograph of the body part of a tama in the video taken as above as the title “H” on October 8, 2015 and “I” on the bulletin board of the obscenity “G” on the obscenity’s obscenity.

As a result, the Defendant took photographs of another person's body, which could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will, and distributed the taken objects.

2. Crimes against victims D;

A. On August 2015, the Defendant, who committed a crime in the middle of August 2015, taken video images against his/her will, within a singing practice place where the trade name in the Namdong-gu Incheon Metropolitan City between around 21:0-24:00 and around 24:00 cannot be known, and the victim using smartphones with a camera function was exposed to the Defendant’s sexual flag against his/her will.

Then, in the video recorded as above, the Defendant posted a photograph of the victim’s face-to-face and the victim’s face-to-face from the victim’s face-to-face, on the bulletin board of the illegal site “G” on October 17, 2015, “J”, “K” on the 19th day of the same month, and “L” on the 25th day of the same month.

As a result, the Defendant took photographs of another person's body, which could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will, and distributed the taken objects.

B. The Defendant committed a crime in September 2015.