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(영문) 의정부지방법원 2020.10.22 2020고단1979

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2018, the Defendant became aware of the victim C (V, 46 years of age) who is a woman of his/her mother through B operated by the Defendant, and the Defendant was a person who took part in the school duty from December 17, 2018 to October 12, 2019.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On February 1, 2020, at around 18:35, the Defendant had access to the Defendant’s house located in Namyang-si, Gyeonggi-do, to the above B-rating room with the Defendant’s smartphone, and had an interview with the above B-member’s name-free women (E). On February 1, 2020, the Defendant sent the sexually related video images with the victim who had been kept in custody for the purpose of showing his sexual intercourse ability to the said female.

Accordingly, the Defendant distributed the body photographs of a person who could cause sexual humiliation or shame against the will of the person to be taken.

B. On the same day as in the preceding paragraph, at around 20:31, at the same place as in the preceding paragraph, the Defendant sent a sexually related video recording with the victim who had been kept in custody in the past, while exchanging conversations with women who are members B (E) in the same manner as in the preceding paragraph.

Accordingly, the Defendant distributed the body photographs of a person who could cause sexual humiliation or shame against the will of the person to be taken.

2. The Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity distribution) committed a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) at around 12:30 on February 21, 2020, when the victim prevented one’s communication and changed his phone number, and found in front of the victim’s house located in G at the south of Gyeonggi-do, thereby sticking the victim’s home in a car door owned by his/her

Around February 23, 2020, the Defendant, while doing the above behavior, did not contact the victim, taken a photograph of the propy of the Kakao Stockholm account used by the Defendant with the Defendant and the victim taken the photo.