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(영문) 부산지방법원 동부지원 2019.02.20 2018고단2398
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

No person shall take photographs of another person, who may cause any sexual humiliation or sense of shame, against his/her will, using a camera or similar mechanism, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.

1. On February 2016, the Defendant taken a photograph of the victim’s sexual flag against his will, on his own name, who had sexual intercourse with the body using the camera function located in his own mobile phone.

2. On August 10, 2018, at around 13:06, the Defendant connected “D”, an Internet obscene material site, to the Defendant’s dwelling located in Busan Shipping Daegu C, and displayed a photograph taken of the victim’s sexual organ on the bulletin board, such as Paragraph 1, to the title F, “F”.

3. The Defendant, at around 06:00, taken photographs of the upper half of the victim’s chests, including the upper half of the victim’s chests, who was divingd in his own cell phone using a camera function in his own cell phone, against his will at around 06:00.

4. On September 2, 2018, around September 22:12, 2018, the Defendant connected “D”, which is an Internet obscene material site, to the Defendant’s residence located in Busan Shipping Daegu C, and displayed a photograph of the victim’s body in the bulletin board, such as Paragraph 3, to the public, as the name of “G”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to suspect-containing notices and data on tracking access;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of punishment.

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. Order to attend a lecture and order to attend a lecture;

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