성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim C (n, 40 years old) were between approximately three months and a limited amount of teaching years.
1. On May 15, 2017, at around 17:00, the Defendant sent a obscenity that may cause a sense of sexual shame, such as transmitting a obscenity to the victim E (3) (47 years old), who is the victim’s wife, a photograph taken of the chest exposed with the victim’s consent at the time when the Defendant she endedd with the victim C, at the same time as the victim C, and transmitting the obscenity exposed to the victim’s intent.
As a result, the Defendant provided others with photographs of the victim C, which may cause a sense of sexual shame against their will, and provided them with pictures that may cause a sense of sexual humiliation through communications media for the purpose of inducing or satisfying their own or others' sexual desire.
2. On May 25, 2017, at around 23:30 around 23:30, the Defendant sent a obscene material that may cause sexual humiliation, such as transmitting a copy of a photograph taken by the victim C’s chest to all people, including the victim C, of which the 48 victim was exposed, at the location described in paragraph (1).
Accordingly, the Defendant, against his will, distributed the victim C’s body photograph that may cause a sense of sexual humiliation, provided another person with the charge of this part of the charge. On the fourth trial date, the prosecutor made an oral application for permission to amend the above contents, and the court allowed the amendment of the indictment by oral statement with the consent of the Defendant and his defense counsel.
In reference, “distribution” under Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes refers to the grant without compensation to many and unspecified persons, and if there is an intention to distribute to many and unspecified persons continuously and repeatedly, it may be granted to a specific one or a minority.