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(영문) 서울동부지방법원 2016.01.21 2015고단2125

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around January 2015, the Defendant, around January 2015, took a photograph of the victim’s upper half of his body, she was under the influence of alcohol at the home of the victim D (V, 38 years of age) of all women/child-friendly Gu located in Gwangjin-gu Seoul Special Metropolitan City, and taken the victim’s cell phone camera photographs.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame due to mobile phone camera, against his will.

2. On June 5, 2015, around 13:25, the Defendant, at the home of the Defendant located in Gwangjin-gu Seoul Special Metropolitan City, compiled the above victim’s upper half body pictures with other images attached to the Defendant’s cell phone text messages, and transmitted them to the Defendant’s current male-friendly job offersF using the Defendant’s cell phone text messages.

Accordingly, the defendant provided another person with the above filming taken against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of investigation (specific suspect);

1. A protocol of seizure and a list of seizure;

1. Application of the statutes governing text messages sent by the defendant;

1. Article 14 (1) (i) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Specific Crimes (i.e., Camera and other use, photographing, and provision of photographs), and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Although the reason for sentencing under Article 48(1) of the Confiscation Criminal Act is the primary offender, even if considering the fact that the defendant was the primary offender and the mistake was recognized, the crime of this case takes photographs of the victim's body against the victim's will that was a woman-friendly woman in the former condition at the time, and the victim sent the above photographs to the male-child-gu at the present time, and is part of the promotional materials of the Internet adult site.