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(영문) 서울동부지방법원 2017.12.22 2017고단3343
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:00 as of June 6, 2017, the Defendant taken the victim’s face while having sexual intercourse with the victim E (V, 17 years of age) at the DNA telecom located in Gwangjin-gu Seoul Special Metropolitan City, and taken the victim’s face by using his mobile phone image function.

The defendant taken the body of another person who may cause sexual humiliation or shame by using his cell phone camera, against his will.

The defendant of "2017 Highest 3781" was a person who was in a relationship with the victim F (V, 19 years of age), and was in a similar relationship with the victim on August 18, 2016, the defendant taken a photograph of the victim's sexual organ and its similarity with the victim using the defendant's mobile phone image photographing function.

1. On August 3, 2017, the Defendant sent a text message stating “a person who has dial-a-a-mail video” on the Internet “I” game, provided by the KUH, without obtaining the consent of the injured party’s sexual part of the victim’s sexual organ and similar acts in the residence of the Defendant in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) around August 3, 2017.

Then, the said report and contact was provided to many and unspecified persons by delivering K Mesens through the offline “J”.

Accordingly, the defendant provided the photographing of another person's body which could cause sexual humiliation or shame against his will.

2. On August 3, 2017, around 11:25 to 11:36, the Defendant made intimidation that the victim was living well with another male in the Defendant’s residence, but, on the Internet “I” game, the Defendant had been selling well, so far as well, or that he was a party to the election of the Republic of Korea, from around 11:25 to 11:36

Sending the text of “the sending of the content”

The victim threatened the victim as if he were to distribute the videos of the victim taken as above.

Summary of Evidence

1. The defendant's oral statement;

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