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(영문) 서울남부지방법원 2017.09.13 2017고단2416
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On October 13, 2016, at around 22:31, 2016, the Defendant taken pictures of the victim’s cell phone camera, where the Defendant had sexual intercourse with the victim D (V, 52 years old), who had sexual intercourse with the victim’s 306 head room located in Guro-gu Seoul Metropolitan Government, using the victim’s cell phone camera.

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

B. On November 15, 2016, at around 23:53, the Defendant taken pictures of the victim’s mobile phone camera of the Defendant following the death of the victim who had a sexual intercourse with the victim D (V, 52 years of age) who had a sexual intercourse with the victim D (V, 52 years of age) located in Guro-gu Seoul at the location described in paragraph 1(a) of Article 1.

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

2. The Defendant, who was in a special relationship with the Defendant around April 16, 2017, was the victim of intimidation.

While avoiding contact without contact, the sexually related dynamics with the victim taken as described in No. 1-A and 1-B are transmitted to the cell phone of the victim, and “scambling, scaming, scaming, scaming, scaming, scaming, and scambling the head;

They send her or hereds to their children's her or their children's her or her parents;

kneeing is kneeling in front of the inside.

Dispatching a text message stating “Is the end of the death or death of any deceased person”

If the injured party does not take the defendant, he/she threatened the injured party by carrying out his/her sexually related dynamic image as if he/she spreads the above sexually related video.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to capture a intimidation message sent to the victim by the victim, such as a photograph of the victim and a video screen screen;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crimes and the choice of punishment;

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