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(영문) 서울서부지방법원 2020.06.10 2020고단313
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant, who is a tourist employment visa (H-1), is a foreigner of French nationality who is staying in Korea, and the victim B (n, age 21) and the victim B began to communicate through SNS. The defendant started to teach the defendant after entering Korea on September 16, 2019.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, use and photographing) by photographing;

A. On September 19, 2019, around September 19, 2019, the Defendant taken photographs of the body of the victim, who was able to be able to wear clothes from the victim’s mobile phone using the Defendant’s mobile phone at the guest room in the building C of Seodaemun-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

B. Around September 25, 2019, around September 25, 2019, the Defendant taken photographs of the victim’s chest part of his cell phone located in the Defendant’s dwelling located in Seodaemun-gu Seoul Metropolitan Government D and fourth floor E, using the Defendant’s mobile phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, etc.) through distribution (ab) around September 25, 2019 to around 26.

In the place described in paragraph (1), the victim's body taken in his cell phone and posted two copies of the photograph taken by the victim's body while being kept in his cell phone at the place described in paragraph (2) by using the DNA code flives "F" as G at the group gathering room.

As a result, the Defendant distributed photographs taken of the body of the victim who might cause sexual humiliation or shame against the victim’s will.

Summary of Evidence

1. Legal statement of the witness B;

1. Each police statement concerning B;

1. The defendant and his defense counsel on the conversation between each photograph and informants, the following:

The photograph of this subsection shall be requested by the injured party.

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