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(영문) 서울중앙지방법원 2013.11.27 2013고단5709

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing of Cameras, etc.) taken out the clothes of the victim D (Min, 23 years old) who was a female-child in the mutual influence in Seoul Si around the beginning of the beginning of the year, and taken the cresh of another victim’s upper half of his body photograph and four copies of his sexual photograph against the victim’s will.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display information with obscene codes, letters, sound, images, or motion pictures through an information and communications network;

Nevertheless, on April 12, 2013, when the Defendant hedgingd with the victim on April 12, 2013, the Defendant distributed obscene images via the information and communications network by transmitting the victim’s new male-friendly E cellphone, where the victim took clothes with the victim’s cell phone, where the victim was exposed, and where the victim’s negative part was exposed, 16 photographs posted with the victim’s cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of the Kakao Stockholm data, photographs taken out in brue, and the Acts and subordinate statutes of photography distributed;

1. Relevant legal provisions concerning criminal facts: Distribution of obscene images under Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation and community service order, order to complete a program, Article 62-2 of the Criminal Act, Article 16 (2) and (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. On September 29, 2006, the defendant is sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape, etc.) at the Seoul High Court.