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(영문) 부산지방법원 2014.07.09 2014고단3348

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. No person shall photograph the body of another person against his/her will, or distribute, sell, lease, provide, or openly display or show any photographic substance in contravention of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, using cameras or other similar devices;

A. On December 2013, 2013, the Defendant: (a) had sexual intercourse with the victim D (here, 26 years of age) known through the Internet hosting site at the Defendant’s home located in Busan Jin-gu, Busan at the end of December 2013; and (b) took photographs of the victim’s body, such as the victim’s body, which may cause sexual humiliation or sense of shame with other victims’ smartphones, located in the crepane of the victim’s crepane.

B. On January 4, 2014, around January 4, 2014, the Defendant posted, at the above Defendant’s office, a copy of a photograph of the said victim’s sound and panty exposed and a copy of a photograph of the said victim’s panty, which was locked, openly posted to the “Kakaoto”, a social network site.

C. On January 8, 2014, around 01:03, the Defendant sent the victim’s body pictures, such as the instant B, to E, etc., while the Defendant was committing the crime at the above Defendant’s home to collectiveized with the said victim, E, and F along with the said victim, E, and F.

2. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;

around 01:03 on January 8, 2014, the Defendant, at the above Defendant’s house, was grouped into “Kakao Stockholm,” a mobile Messen, along with the said victim, E, and F.