성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
The defendant's lectures to treat sexual assault for 40 hours.
1. The appellate court’s sentence (the imprisonment of six months, the suspension of execution of one year, the community service order of 80 hours, and the order to attend a sexual assault treatment lecture of 40 hours) is too uneasy and unreasonable.
2. The judgment that the defendant recognized the crime of this case and reflects it, and that it is the first offender who has no record of punishment, is favorable to the defendant.
그러나 기록에 의하면, 피고인은 이 사건 범행 전 피해자와 C 메신저로 수 시간 동안 대화하던 중 2017. 9. 15. 01:22 경 피해자에게 “ 나 어차피 낼 새로 개통인 디 핸드폰 버리 믄 누가 주워서 라도 올리 겄지. 글 믄 내 탓 아니고 닌 평생 후회하게 해 줌.“ 이라는 메시지를 보내고( 증거기록 제 24 쪽, 제 58 쪽), 그 뒤에도 대화를 이어 나가다가 03:36 경 ” 나 폰 버린다.
We see the video or well-known. “The message sent, immediately after that, a third party sent a Handphone to the victim as if the third party took the handphone of the Defendant.”
Two minutes of well-known도요.
It is dynamic image A.
“After sending the message, at around 03:41, the Defendant committed the instant crime by posting a video image of the victim’s sexual act with C account (27 pages of the evidence record). The Defendant sent the screen by cutting the sexual act video again posted to the victim (64 pages of the evidence record). Although the victim and majority of the victims requested to delete the video image of the sexual act posted to C, the Defendant stated the comments harming the victim as shown in the third party’s posting of the video (21-23 pages of the evidence record, 25-35 page of the evidence record). The Defendant, at the police, posted the video image of the Defendant’s cell phone by a third party, and denied the first crime at the prosecution, and the Prosecutor denied the instant crime and acknowledged the Defendant’s conversation.
The circumstances before and after the crime of this case were committed.