(영문) 대전지방법원 2014.12.17.선고 2014고단3512 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 80 hours.

Reasons

Punishment of the crime

1. Violation of the Act on the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing);

A. On July 1, 2013, the Defendant: (a) around 08:00, the Daejeon Pung-gu University bus stops at the Daejeon Pungdong University, 99, the Defendant: (b) taken the victim’s name-free women, and displayed the victim’s cell camera on the victim’s body against the victim’s will, by photographing the panty panty in the lower end of the victim’s panty, which might cause sexual humiliation or sense of shame by using the camera; (c) on August 1, 2014 and on August 14, 2014, posted the photographs taken as above at the Daejeon Pung-dong **** (i) the Internetnet website site, respectively.

B. On July 14, 2013, around 14:00, the Defendant reported that women in 1229 in the name of the victim suffered a short horse in the middle of 14:00 blue-gu, Chungcheongnam-gu, Chungcheongnam-gu, 201, and displayed his cell phone camera on the Internet “Internetnet” website by photographing the body of others, which may cause sexual humiliation or sense of shame using a camera, by photographing the panty of the victim’s own cell camera at the lower end of the victim’s pande, and by posting the photographs taken as above at his own residence on August 14, 2014.

C. On July 22, 2013, at around 10:00, the Defendant: (a) taken the victim’s name-free women in the bus stops at Daejeon-gu University bus stops at Daejeon-gu, 99, and (b) taken the victim’s cell phone camera on the victim’s body against the victim’s will by photographing the panty panty panty in the lower part of the victim’s body, which might cause sexual humiliation or sense of shame by using the camera; and (c) posted the photographs taken as above at his own residence on the Internet subnet site on August 22, 2014.

2. Violation of Information and Communications Network Utilization Promotion Act.

On June 8, 2014, the Defendant posted a photo of a woman in secret in his/her own residence ***** on the Internet “Sanet” website so that many and unspecified people can view it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. 인테넷 켑쳐사진

1. Application of the Acts and subordinate statutes on the place of criminal or criminal;

1. Article applicable to criminal facts;

Article 14(1)(a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera, choice of each imprisonment), Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of distributing information about obscene video display in each information and communications network, and choice of each imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Taking into account the initial and reflection of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the fact that the body of a woman repeatedly takes the body of the woman and that the video is not good enough to bring it to the Internet.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43

Disclosure Order or Exemption from Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, on the grounds that there are special circumstances where personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.