성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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.
Punishment of the crime
1. From around 20:00 to around 21:00 on July 24, 2015, the Defendant taken the part of the body of the victims of a short-term female victim who suffered a short flamera using his/her smartphone camera functions in the Seongbuk-gu Daejeon Metropolitan City, and displayed them to the Internet “B” site on July 24, 2015, by accessing the same as “C”, from around 20:23 to around October 12, 2015, the Defendant taken pictures against the victim’s body against the victim’s will, as indicated in the attached Table, which could cause a sense of sexual humiliation by using a smartphone on 16 occasions, and displayed them to the Internet “C” bulletin board. < Amended by Presidential Decree No. 26814, Jul. 24, 2015; Presidential Decree No. 26888, Oct. 12, 2015>
2. Around August 10, 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) posted his/her sexual picture on the bulletin board of the “E” by posting his/her sexual picture on the bulletin board of the “E” to openly display his/her obscene images or videos via information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to a photograph by reporting internal history and capturing a course;
1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Specific Crimes, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of imprisonment, respectively;
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. The reason for sentencing under Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes committed by Order to Attend the lecture is high, and the photographed materials are displayed on the obscene website, and the nature of the crime is not good.