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(영문) 춘천지방법원 강릉지원 2016.11.24 2016고단1275
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a current or former male-child who was a woman of C (math, 43 years of age) Do (math, 18 years of age).

1. No one shall distribute obscene pictures through an information and communications network, while he/she shall distribute photographs taken by another person's body, which might cause sexual humiliation or shame, using a camera, etc., against the will of the person subject to the photographing;

On June 21, 2016, at around 05:21, the Defendant, using the Defendant’s mobile phone in the vicinity of Gangnam-si, sent pictures of the victim D, victim D’s b body, chest part, and sound body to C’s mobile phone, thereby distributing obscene images through an information and communications network, and distributed photographs against victim D’s will to the victim-friendly C.

2. A person who commits a crime of posting a notice dated June 21, 2016 shall not openly exhibit obscene images via an information and communications network, and shall not openly exhibit photographs taken by another person's body, which might cause sexual humiliation or sense of shame, against the will of the person subject to the photographing;

On June 21, 2016, at around 05:30, the Defendant posted pictures similar to the Defendant’s SNS account, as described in the foregoing paragraph 1., on the F account, which is the Defendant’s SNS account, the Defendant displayed pictures, victim D’s b body body, chest, and negative pictures in the total open space, thereby openly displaying obscene images via an information and communications network, and displayed them openly against the victim D’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Application of Acts and subordinate statutes concerning internal investigation reports (Attachment of bridges transmitted by the suspect to the victim), F course photographs and H contents to the victim;

1. Each relevant Article of the Act concerning criminal facts;

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