beta
(영문) 대구지방법원 2019.01.17 2018고단5415

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On January 38, 2017, the Defendant, using smartphones from the Defendant’s smartphones, seated in a Kamera at the bus stop located below the Hamanncheon-si, 2016, displayed five copies of the above pictures on its bulletin as follows: (a) had been taken against the Defendant’s will; and (b) had access to the Northwest-gu B building in Chungcheongnam-gu, Chungcheongnam-do, and the illegal obscene site (D) at the Defendant’s residence located in the Yancheon-si; and (c) had access to the illegal obscene site (D) on its bulletin.

B. On January 08, 2017, the Defendant, using the Defendant’s smartphone, taken the chest part of a female victim’s chest, who had a camera function in the Bamera, using the Defendant’s smartphone, and displayed six copies of his photograph by exposing the above video on the bulletin board, with the title “assigning the above illegal obscenity site” in the above Defendant’s residence and accessing the said unlawful obscenity site at around October 51, 2017.

Accordingly, the Defendant took photographs of another person’s body, which could cause sexual humiliation or shame, against his will, and displayed the photographed object openly by using a camera or other similar mechanism twice.

2. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

A. On January 14:43, 2017, the Defendant displayed five copies of a photograph of a dynamic image by accessing the above illegal obscenity site at the above Defendant’s dwelling site and displaying five copies of a photograph, which read “Kamera map with good quality”, by accessing the above illegal obscenity site at the above Defendant’s dwelling site, by visiting the above illegal obscenity site at around 14:43, 2017.

B. The Defendant on January 7, 2017.