성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 29, 2013, the Defendant took the body of the victim’s her body while drinking alcohol, such as the victim C (n, 27 years of age) on the 1st floor of Dongbcheon-si, B, the Defendant’s house at the time of the Defendant, and the victim took the body of the victim’s her body, who could cause sexual humiliation or shame by using a mobile phone camera function of the victim’s cell phone used by the victim against his/her will against the victim’s scam, which he/she was not able to be able to cause sexual humiliation or shame.
2. 성폭력범죄의처벌등에관한특례법위반(통신매체이용음란) 피고인은 자기의 성적 욕망을 만족시킬 목적으로 2013. 11. 10. 21:10경부터 22:14경까지 피고인이 사용하는 D 번호의 휴대폰에 설치된 ‘카카오톡’ 어플리케이션을 이용하여 위 피해자 C이 사용하는 E 번호의 스마트폰 내 설치된 ‘카카오톡’ 어플리케이션으로 ‘개 보지..’, ‘난개보만좋아 해..!’, ‘한번더쑤시고싶어.’, ‘이보지는 내보지..!’, ‘지금당장쑤시고싶어 !’, ‘아휴좃꼴려..’, ‘지금당장쑤시고싶어 !’, ‘너에밑구멍지금도기억이생생해.’, ‘너가씹물쌀때그기분지금도잊 을수가없어.’ 등의 메시지와 함께 피고인이 제1항 기재와 같이 촬영한 피해자의 엉덩이와 상체 사진을 전송하였다.
Accordingly, the Defendant sent comments and videos that cause a sense of sexual humiliation to the victim through telephone, which is a communication medium, for the purpose of inducing his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police statement of C;
1. Application of the statute governing the Kakakao Stockholm photographs
1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes and the punishment for sexual crimes, etc.