beta
(영문) 수원지방법원 2017.07.13 2017고단3179

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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. On February 19, 2017, the Defendant, among the violations of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.), took visual images of the victim’s chest, sound, etc. using the Defendant’s cell phone, regardless of whether the victim E (a person, scar, 38 years old) who was in a relationship with the person in a relationship with the person in the relationship with the person in the relationship with the person in his/her own body, taken a video image of the victim’s chest, sound, etc.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. Crimes provided in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera and other crimes);

A. On March 8, 2017, at the Defendant’s dormitory located in two buildings of Pyeongtaek-si F, the Defendant sent twice the video images recorded as “H” under paragraph (1) using the Defendant’s mobile phone to the Defendant’s cell phone, to I, who is the seat of the victimized party.

B. On March 8, 2017, the Defendant sent video images taken by the above method as referred to in paragraph (1) to J, who is the seat of the victimized party, at around 11:21, the Defendant sent them once.

(c)

On March 8, 2017, at around 11:33, the Defendant sent video images taken by the above method as referred to in paragraph (1) to K, who is the seat of the victim.

Accordingly, the Defendant provided the body of another person, which may cause sexual humiliation or sense of shame, to be taken against his will by using a mechanical device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name), K, J, and I;

1. Image analysis photographs received by the victim's wife;

1. An investigation report (hereinafter referred to as "H") (the closure of the damaged video transmission part to this K);

1. Application of Acts and subordinate statutes to a criminal investigation report (a person who receives a G message from the recipient, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The aggravated Criminal Act for concurrent crimes.