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(영문) 창원지방법원 진주지원 2017.11.14 2017고단720

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[criminal history] On May 18, 2017, the Defendant was sentenced to a suspended sentence of two years and six months for the crime of rape committed by the Seoul High Court, and the judgment became final and conclusive on May 26, 2017, and is currently under suspended sentence.

[Criminal facts]

1. On June 10, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), took pictures of the number of DaMoel’s rooms located in Jinju-si C, with the victim E, using a camera located in smartphones owned by the Defendant while having sexual intercourse with the victim E (Vin, age 21).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a camera for the purpose of meeting his own sexual desire, against his will.

2. On June 14, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) within the room of the Defendant’s room located in Jinju-si, 502 Dong 1004, F apartment house 502 Dong 1004, the Defendant’s mobile phone conversations with the victim E using the Defendant’s mobile phone, and sent the victim with a photograph a part of the screen pictures taken in the same manner as in the preceding paragraph, and sent the victim with a photograph. “(b) the Defendant is now present, present, present, present, present, present, present, present, present, and present, so that the principal is not aware of it, and you cannot see it;

C. He sent the text message, i.e., the 6th 10th 10% of the f.e., the f.e., the military unit.

Accordingly, the Defendant sent to the victim a letter that causes sexual humiliation or aversion through a smartphone, which is a communication medium, with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaint;

1. Evidence photographs;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (the fact during the suspension of execution);