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(영문) 전주지방법원 2019.02.22 2018고단1589
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Use and photographing of a camera, etc. under the Act on Special Cases concerning the Punishment of Sexual Crimes;

A. On September 2017, the Defendant, at the home of the victim D (tentative name) located in Seojin-gu, Seojin-gu, Seoul Special Self-Governing Officer B, taken a photograph of the victim’s back and cremating the clothes with his cell phone owned by the Defendant.

B. At around 14:00 on December 24, 2017, the Defendant taken a photograph of the victim’s sexual organ with his/her cell phone at which the Defendant had sexual intercourse with the victim at the same place.

C. Around January 2018, the Defendant taken a photograph of the victim’s sexual organ with his cell phone from the Defendant’s house located in Seojin-gu Ef, Seojin-gu, Seoul.

Accordingly, the Defendant taken the body of the victim who could feel sexual humiliation against his will.

2. The Defendant was aware of the fact that the victim was in school with another male at that time after having finished a dynamic relationship from the sufferingd victim, and became aware of the fact that the victim was in school with the other male, which led the victim to a serious awareness of the fact.

Therefore, the defendant is in custody of the victim's photograph taken as stated in Paragraph 1, and the victim knew of the fact that the victim was born during the school system with the defendant, and if the defendant wishes, he was frighting to privacy or making a criminal complaint by spreading the above photograph at any time.

As such, the Defendant:

A. On March 1, 2018, a text message sent to the above victim, along with the victim’s pictures taken as described in paragraph 1, stating that “the victim shall enjoy and enjoy,” and “the victim shall enjoy,” as well as the victim’s pictures taken;

B. On March 5, 2018, a text message sent to the effect that “I am less than ever,” “I am more dead,” “I am more dead,” and “I am more likely to file a complaint for abortion.”

Accordingly, the defendant threatened the victim.

Summary of Evidence

Defendant’s partial statement

Witness

testimony, photograph, or photograph;

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