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(영문) 수원지방법원안산지원 2020.11.11 2020고단2603

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

On September 9, 2018, the Defendant was in possession of a victim’s photograph, which was taken by the victim of his sexual organ using his cell phone camera function, and a victim’s chest exposure photograph was transmitted by the victim, respectively, from the victim’s victim’s sexual organ, in the victim’s D (the age of 32 at the time, and the age of 32) that he had become aware of through B B Privacy, and around September 9, 2018, the victim was in possession of the victim’s chest exposure photograph.

On June 6, 2019, the Defendant: (a) connected the victim with the victim at an insular place; (b) registered the victim’s photograph with the victim’s sexual organ as a protogram by accessing the victim’s “E” to the said “E” in a closed place; and (c) registered another victim’s chest exposure photograph as a protogram by being subject to sanctions against other users.

As a result, the Defendant displayed a photograph taken by using a camera or other similar mechanism to openly display the body of a person who may cause sexual humiliation or shame against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the provisions of the Act and subordinate statutes to the data posted by the suspect of the police record of D, after registering obscene images on the Ban screen, and the application of the data posted by the suspect on the Ban screen screen by the complainant;

1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the choice of imprisonment with prison labor, and the choice of a sentence

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information is subject to jurisdiction pursuant to