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(영문) 수원지방법원 2020.04.17 2020고단1678

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment with prison labor for a maximum of one year and six months, or by a short of ten months.

The defendant shall be treated for 40 hours of sexual assault.

Reasons

Punishment of the crime

Around January 2020, the Defendant, through the Internet social network “B”, was aware of the victim C (n, 16 years of age) and took lessons, requested by the victim on February 2, 2020 of the same year, to “the Defendant sent the victim with his/her name on which he/she was exposed and affixed his/her photograph,” and received the victim’s photograph exposed to the chest from the victim who accepted the request.

1. No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, using a camera or any other mechanical device similar thereto, against the will of the person subject to photographing, and no person shall distribute, sell, lease, provide, or openly exhibit or show the photographic or reproduction after the act does not go against the will of the person subject to photographing, even though the photographic or reproduction is not contrary to the will of the person subject to photographing at the time of photographing;

Nevertheless, at around February 21, 2020, the Defendant sent pictures to E via B, “a photograph exposed to the victim’s chests,” which was stored by the victim’s cell phone, on the ground that the victim was hedging, on the ground that he was the victim, at the domicile located in Dongjak-gu Seoul Metropolitan Government D and 2, the Defendant provided the victim’s body taken of the victim’s body, which could cause sexual humiliation or shame, against the victim’s will.

2. Intimidation;

A. At around 12:01 on February 21, 2020, the Defendant sent the message to E using a cell phone at the same place as indicated in the foregoing paragraph 1, and, as described in the foregoing paragraph 1, sent the message, “A photograph of the victim’s chest and the message to which the Defendant sent the victim’s chest and the message “to send him her to him her,” and “B, if the Defendant sent her two sons, she was sent to him her only two sons, and she was sent to him her.”

B. On February 22, 2020, the Defendant entered the above Paragraph 1 around 07:26.