beta
(영문) 춘천지방법원 원주지원 2019.07.25 2019고단89

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 6, 2016, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “C”), taken the balgthm of the victim D (the 39 years of age at that time) and the victim E (the 39 years of age at that time), using the galgthmthal function of Samsung S7 mobile phone camera in Samsung-si B, which was possessed by the Defendant, as a dynamic image on August 14:30, 2016, taken the balthm of the victim D (the 39 years of age at that time) and the balthm of the victim E (the 39 years of age at that

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will, and displayed them openly.

2. Around September 12:16, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (obscenity) connected H office located in Chungcheongnamcheon-si, Chungcheongbuk-si, to the “F”, “J” as the title “J”, posted four photographs near a woman’s chest and a sound part of the sound was taken. From that time, the Defendant up to September 19:25, 2018 posted 23 obscene photographs and 15 obscene videos and displayed them openly on a total of six occasions, such as as in the list of crimes, and displayed 15 obscene videos.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Materials posted for each suspect (No. 2019-type 660, 910-type 28, 29,30-type 50);

1. Each investigation report (Nos. 18 through 21 of the evidence lists No. 2019 type 660, 910);

1. Each investigation report (Nos. 2, 3, and 4 of the evidence lists No. 2019 type 4689);

1. Application of Acts and subordinate statutes for internal investigation reports (No. 1 through 6, 31, 32, 33 of the evidence lists No. 2019 type 660, 910)

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Articles 74(1)2 and 44-7(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.