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(영문) 서울동부지방법원 2018.09.07 2018고정818

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has taught with the victim C (the family name, the female, the age of 24).

1. On December 14, 2017, around 20:00 on December 14, 2017, the Defendant taken pictures of the victim’s body against his/her will that might cause sexual humiliation or shame by using his/her cell phone camera function in which the Defendant was in possession of the victim immediately before and immediately after inserting his/her sexual apparatus into the eurine room located in Songpa-gu Seoul, Songpa-gu Seoul.

2. On March 10, 2018, around 11:52, the Defendant provided the victim’s photographic body pictures taken by the victim following the victim, such as the victim’s name, non-shotphones, and the victim’s photographic body pictures, as prescribed in paragraph (1), to a G hosting room in which nine persons in the name of F conversation, and then provided the victim’s photographic body pictures against the victim’s will.

3. On March 11, 2018, the Defendant: (a) around March 201, 2018, at the I hotel room located in Gangdong-gu Seoul Metropolitan Government, the Defendant took a photo taken by using the mobile phone camera function in which the Defendant had a sexual intercourse with a man and a body with a man, and sent the victim’s photo taken by 9 persons without the name of F, the victim’s body photographed to a G hosting room in which nine persons without the name of F dialogueed.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will, and provided the photographer against the victim's will.

4. Around March 17, 2018, around March 17, 2018, the Defendant taken pictures of the victim’s body against his/her will, taking pictures using the mobile phone camera function in which the Defendant had a sexual intercourse with a man and a body of the injured person in the I hotel located in Gangdong-gu Seoul Metropolitan Government H, by taking pictures of the victim’s body that may cause sexual humiliation or shame, at around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of the police statement with respect to C (tentative name) 1.