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(영문) 대구지방법원 서부지원 2019.05.02 2018고단3421
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall distribute, sell, rent, or openly display obscene codes, letters, sound, images, or motion pictures through an information and communications network.

1. On January 3, 2017, at around 17:08, the Defendant displayed five copies of his/her photograph taken by a woman’s toilet in a obscenity (C) on a obscene site (C) in which other members joined the Defendant’s house located in Seongbuk-gun, Sung-gun, Gyeong-gun, in order to receive obscene materials from other members, on a obscenity site (C).

2. On February 15, 2017, the Defendant displayed 12 copies of a photograph taken by a woman, who is viewed as melting in a toilet, on the title of “E”, among photographs taken from the places in the preceding paragraph at the place in the same manner as that set forth in the preceding paragraph, at the obscenity site (C).

3. On February 25, 2017, the Defendant displayed in a obscene site (C) the title “F” a photograph of 12 photographs (referring to a high school student) taken by a female and high school student on the street, following the bridge of a bridge, etc., among photographs taken by the Defendant at the places referred to in the preceding paragraph, in the same manner as that of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Evidentiary materials posted on the C site;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines for negligence;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2007Do1448, Apr. 2, 2007)

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