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(영문) 서울북부지방법원 2020.07.23 2020고단1393
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is between May 2018 and February 2019 and the victim B (the family name, the age of 22).

1. Around August 5, 2018, the Defendant: (a) taken pictures of the victim’s sound and resistance parts using the Defendant’s Samsung Ggalthro’s s8 mobile phone camera function in Samsung Galthro-si; and (b) on January 16, 2019, as indicated in attached Table 1, from around that time to January 16, 2019.

1. During the period of 17.m., the body of the victim was taken three times in total, which might cause a sense of sexual humiliation against the victim’s will.

2. At around 08:42 on January 15, 2019, the Defendant distributed photographs against the victim’s will at least six times in total from around 08:42 to around January 29, 2019, by posting three copies of the victim’s sound and the part of the text of the crime, taken up against the victim’s will, along with the phrase “E”, which is connected to the “C” free bulletin board, an adult web agent, and which is called “E”.

3. On April 2019, the Defendant: (a) connected to “C,” an adult web server, sent out his/her name with his/her will; and (b) shared information from the victim; and (c) distributed photographs against the victim’s will by transmitting the victim’s sound photographs, sexually related video images, etc. taken against the victim’s will, posted on the said website, and his/her chest body image.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. A complaint filed for the preparation of B (tentative name);

1. A recording book and a recording book of the content of investigation into telephone conversations between victims B and victims;

1. Seizure record and list;

1. Suffs of each closure, details of reservation, and images of the message course;

1.Application of the laws and regulations on video and photographic files

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