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(영문) 수원지방법원 2015.09.03 2015고단3024

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “D”), took photographs of the victim’s body against his/her will, on two occasions, using the cell phone photographing function in which the victim E (here 23 years of age) in a relationship with the victim at the time was physically divingd, using the photo function of the cell phone photographing the victim’s body, which could cause sexual humiliation or sense of shame.

2. Violation of the Act on Promotion of Information and Communications Network Utilization and Information.

A. On April 13, 2015, the Defendant infringed on an information and communications network without access authority by accessing the following e-mail accounts (G) of the victim, who was hedgingd by using smartphones in his/her possession, at the home of the Defendant’s house located in Young-si F and 214 Do 1806, on April 13, 2015.

B. Around 07:51 on the same day, the Defendant intruded into an information and communications network without access authority by means of ex-clucing access to the pertinent victim’s Facebook (G) at the same place and in the same manner.

C. At around 09:32 on the same day, the Defendant intruded into an information and communications network without access authority by means of routing to the next e-mail account (G) of the said victim in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Facebook;

1. The photograph of damage caused by the posting on Pests;

1. Records of IP access to the victim's Facebookbook photographs, and records of information about the closure of IP access to the account following the victim's account, photographs, and IP access records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (the use of photographs, such as carmeras), Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of intrusion into an information and communications network with no legitimate authority), and the choice of imprisonment with labor.