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(영문) 서울북부지방법원 2020.08.27 2020고단2062

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

At around 2019, the Defendant was aware of the Victim C (Lin, 96) who was frequently a guest at the time of serving as a manager at the main point near B University in 2019 and was friendly.

1. On August 8, 2019, between 06:00 and 07:00, the Defendant, along with the victim’s house at the victim’s house in Jung-gu in Seoul, Jung-gu, Seoul. While having sexual intercourse with the victim, the Defendant, at the same time, taken a galthical image photograph with the victim, carried the victim’s son’s jum or son who was in sexual intercourse with the Defendant, while using the galthal thalthal thalthm of S9 mobile phone photographing function, carried the victim’s jum or son who

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using devices similar to the camera, against the will of the victim.

2. The Defendant, at the same time and place as in the preceding paragraph, taken a sexual intercourse with the victim, as in the same manner as in the preceding paragraph, immediately after taking the image of the victim as a Kakao Stockholm group, in which E, F and G participated, sent the above sexual dynamic image to reach the cell phone of the said E, etc.

Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement concerning C, H, E, G, and F (with respect to the taking part of the Kakao Stockholm which a suspect sent to the victim) and two copies of the taking part of the Kakao Stockholm and seizure list attached thereto;

1. Application of the laws and regulations on the contents of Kakao Stockholm messages

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 14 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020).