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(영문) 서울북부지방법원 2016.04.11 2016고단94
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant came to know of the fact that the victim E (V, 29 years of age) who is an instructor, was able to take and spread clothes at a “D” educational institute located in Gwangjin-gu Seoul Special Metropolitan City, and that the victim E (V, 29 years of age), who is an instructor, was able to take and spread the clothes using a smartphone camera, using the smartphone camera, in order to capture the body of the victim’s clothes

1. On March 10, 2015, between around 19:20 and 20:20, the Defendant, at the male room of the pertinent private teaching institute, taken a picture of the victim from around 19:20 to around 20.20, by operating the motion picture shooting function of the camera located in the Defendant’s LG smartphone in advance and hiding the Defendant’s LG smartphone, thereby hiding the damaged part of his clothes. At that place, the damaged part of his/her clothes, she took off his/her clothes, and she taken off his/her clothes from around 19:20 to around 20:20, from around May 2015, to around 20:20, the victim took a 4 times in which the injured part of his/her clothes was boomed at the above location, such as the table No. 1 to 4.

Accordingly, the defendant taken four times against his will another person's body, which could cause sexual humiliation or shame by using a camera or other devices with similar functions.

2. On July 29, 2015, around 19:25, at the Defendant’s residence located in Seoul Special Metropolitan City, Nowon-gu, the Defendant posted a four copy of a photograph of the video taken by accessing “G”, a obscenity, using the said LG smartphone, to the bulletin board at the place of the obscenity, as seen above, for the purpose of posting the four copies of the photograph of the video taken by the Defendant as “the image of the flag, which was cut back after the flaging the flag,” from that time until August 6, 2015, as shown in [Attachment 5:14] to August 22:5, 2015.

As a result, the Defendant distributed, sold, leased, provided, or openly displayed or screened a photograph taken by another person’s body against his/her will, which may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E:

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