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(영문) 서울중앙지방법원 2016.06.08 2016고단943

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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

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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a camerad, etc.);

A. From around 06:00 on May 23, 2015 to around 14:00 on the same day, the Defendant taken the victim’s upper half of the victim’s sexual intercourse with the victim’s G (n, 24 years of age) first known at the Gangnam-gu Seoul EF hotel, using a smartphone camera with a one-time “non-fluor” sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim, and taken the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

B. On May 23, 2015, at around 18:24, the Defendant written “H” on the Internet website bulletin board of “H” as the title “,” and posted a photograph of sexual intercourse with the victim taken against the intent of the said victim G from May 3, 2015 to June 8, 2015, as well as a photograph of sexual intercourse with the victim, which was taken five times in total, on the bulletin board of the said website, from May 3, 2015 to June 3, 2015.

Accordingly, the Defendant displayed the photographs of the above A. The Defendant openly displayed them.

2. On April 20, 2015, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) was written in a French website bulletin board “H” in the name of “H” on the website bulletin board, as well as attaching a female’s back-born photograph by which sex is sexually related, from that time until June 4, 2015.