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(영문) 서울중앙지방법원 2018.07.26 2018고단1511
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Crimes against victims C;

(a) No person shall photograph the body of another person against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, around April 24, 2012, around 01:52, the Defendant taken several photographs of the telegraphic body, including the body of the victim, chest, etc. who was locked by using the mobile camera function, at the home of the victim C (W, 35 years old) of the Seocho-gu Seoul Metropolitan Government D Apartment at 101 Dong, 1401, and 1401.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

B. On April 15, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “E”) and the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information and Communications Network Utilization (obscenity distribution) (hereinafter “obscenity”), sent a notice of the victim’s body photo taken as described in the foregoing paragraph (F) on the following two occasions from around that time to October 9, 2016, by accessing the “E site” at a place where the address of the Sinani Sinan (hereinafter “E”) is unknown, and by posting the victim’s body photo taken as described in the same paragraph (F).

Accordingly, the Defendant distributed, openly displayed, and distributed, and openly displayed, signs, language, sound, image, or motion picture of the victim that may cause sexual humiliation or shame, and at the same time distributed, displayed, openly, through information and communications networks.

On April 15, 16 of the content of the notice of the victim at a one-time time place of crime list 1: (a) around October 9, 16, 2016, a notice of the victim’s body pictures, etc. under the title “G” on the website “E” at Fari Sin Minh City of Vietnam; (b) around October 9, 2016.

2. H-related crimes were committed by the Defendant at the end of 2010, 1703, an apartment 104-dong 1703.

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