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(영문) 청주지방법원 2014.11.26 2014고단1143
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on June 30, 2014, the Defendant, at the home of the Defendant located in Seowon-gu, Seowon-si, Seowon-si, Cheongju, set up the Defendant’s smartphones with 29 years old and sexual intercourse, and taken the victim’s sexual behavior that may cause a sense of sexual shame against his will.

After that, at around 11:00 on the same day, the Defendant distributed a photographic file containing the victim’s sexual behavior form taken from the above Defendant’s house by the above method as seen above to three persons, including D, via smartphone hosting Kakaooox.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C, E, D, and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in light of the fact that the Defendant photographs the sexual intercourse with the victim and sent it to three (3) persons who are the Kax propy photographs of the victim, the crime’s nature is bad, and the possibility of social criticism is high (the Defendant appears to have taken a female’s photograph even before considering that the bridge photographs of the women taken before the Defendant’s cell phone were found): Provided, That the Defendant is seriously against the Defendant’s mistake, and the agreement was reached with the victim.

In addition, it seems that the victim's photograph was deleted from E to the victim's photograph transmitted.

Defendant has no criminal record of the same kind.

Other circumstances, such as the age, occupation, character and conduct, family relationship, motive, means and result of the crime, etc. of the defendant, shall be determined as per the order in full view of all the circumstances after the crime.

registration and submission of personal information.

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