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(영문) 창원지방법원 2015.08.25 2015고단1676

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On February 15, 2015, the Defendant and the Victim B (the age of 21) came to know through “C” smartphone display, and they came to have a sexual relationship two times from the fast trawing area.

1. Around 15:43 on February 26, 2015, the Defendant taken a picture of one minute and 44 seconds of a smartphone from the victim’s smartphone with a sexual intercourse with the victim, and taken seven copies of a photograph by which the victim shows his/her body and put his/her sexual organ into the Defendant’s inner organ.

In order to prevent the victim from spreading another male, the defendant sent a photograph of the victim's body against the victim's will and a photograph of the victim's body to put the victim's sexual organ into the defendant's sexual organ to F, the location of the victim's sexual organ, using the Kakao fac case.

As a result, the Defendant provided F with pictures taken of the body of the victim who could cause sexual humiliation or shame by using the camera of smartphones by transmitting pictures to F against the victim's will.

2. At around February 27, 2015, the Defendant: (a) sent 7 photographs, such as paragraph (1), to his/her own smartphones using a Kakakao Stockholm case; and (b) the Defendant, on the ground that the victim’s mother and the victim’s parent’s parent’s parent’s photograph taken from the victim’s Kakao Kakao scaro scaro scaro scaro site, sent the victim’s photograph to the Kakao scaro scaro sa; and (c) intimidationed the victim’s parent’s photograph to the Kakao scaro scaro sa; and (d) if the victim did not take part in himself/herself, the Defendant threatened the victim’s parent to transmit the said photograph to the victim’s parent.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Written complaint;

1. Protocol of seizure;