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(영문) 서울남부지방법원 2017.10.18 2017고단2414

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant took pictures against the victim’s will using the victim’s sexual intercourse with the victim D (V, 44 years old) who had a relationship with the victim D at the time, while having a sexual intercourse with the victim D (V, 44 years old), located in the Nowon-gu Seoul, Seoul, Hong-gu, Hong-dong, one day near the entrance of the Hong-gu Seoul, Seoul, Hong-si, and vice-dong.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera in Nowon-North Korea against his will.

2. From October 2015 to December 30, 2016, the Defendant posted the video images on several occasions by editing the sexually related video images of the victim taken by using the account called F at the Internet SNS E site in an irregular place, and posting them on several occasions by printing the video images on G account.

Accordingly, the Defendant distributed photographs taken against the victim’s will, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on photographs of images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, is the most supporting the wife and children, and the Defendant maintained internal relations with the victim for a considerable period of time and taken 10 times without the victim’s consent, and the victim’s attitude to adjust the relationship with the Defendant was against the victim, and distributed the video via the Internet website and G.

The Defendant distributed dynamic images by drinking alcohol and contingently.

One, several times.