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(영문) 부산지방법원 2019.06.26 2019고단1577

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute, etc. photographs taken by a person who might cause sexual humiliation or sense of shame by using a camera or any other similar mechanism against his/her will.

In the home camp established around the summer of 2018, the defendant found the screen image of the victim B, who was the male-gu of the defendant, and found the screen image of obscenity, and stored it in the cell phone.

On January 11, 2019, at around 13:29, the Defendant sent to D the images of the victim who had been in custody as above, on the following grounds: (a) the victim’s residence in Busan-gu, Busan-gu, sent to D the word “I ambly, I ambly, I ambly, I ambly, I ambly.”

Accordingly, the Defendant distributed photographs taken by the body parts of the victim against the victim's will, using a camera or other similar mechanism with similar function, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (for victim B);

1. Application of Acts and subordinate statutes on dialogue content;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Although the crime is not good by transmitting the video images taken by the victim of the sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order to the female-friendly body, it appears that the attitude to reflect the crime is recognized, and there is no criminal record of the same kind.