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(영문) 부산지방법원 2020.01.08 2019고단4754

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)교사등

Text

A defendant shall be punished by imprisonment for four months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Judgment of the court below] On March 1, 2019, Defendant A posted the Defendant’s account of SNS reporters for the purpose of receiving money from the victim B (the age of 31) on March 2019, Defendant A posted a statement to the effect that the victim’s self-defensive video and the victim’s fraud were replaced.

At the time, Co-defendant E, who was a female-friendly Gu of the victim, heard that there was a notice to the victim in the above “C” protocol from F, one’s own after-time, and contacted the Defendant, thereby making the Defendant contact with the Defendant, “the victim is replaced by a female, etc.’s fraud,” and received a photograph by cutting down the images of the victim’s own flag.

【Criminal Facts】

피고인은 2019. 3. 3. 18:30경 E으로부터 "보내주세요", "동생 궁금해함ㅋ", “날 알려준 동생”이라는 내용의 카카오톡 메시지를 받고, 위와 같이 E의 교사에 따라, 2019. 3. 3. 18:32경 부산 부산진구 G에 있는 피고인의 주거지에서, 휴대전화 카카오톡 어플을 이용하여 F에게 피해자가 성기를 노출하고 자위를 하는 동영상을 전송하였다.

Accordingly, the defendant provided F with photographing the body of the victim who could cause sexual humiliation or sense of shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Protocol of the police statement concerning B;

1. Investigation reports (referring to submission of the details of dialogue), investigation reports (related to telephone conversations of witnesses);

1. Application of the Kakao Stockholm Acts and subordinate statutes

1. Article 14 (2) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. 이수명령 성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항 본문 양형의 이유 피고인이 피해자의 신체가 쵤영된 촬영물을 제3자에게 제공한 이 사건 범행으로 인하여 피해자가 느낀...