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(영문) 수원지방법원 2019.10.25 2019고단2710
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On October 2018, the defendant became aware of the victim B (n, 18 years of age) around 2018, and it is about 10 days of restriction.

1. Crimes on October 19, 2018

A. On October 19, 2018, at around 07:34, the Defendant, at the Defendant’s residence located in the area of the Defendant’s building C, had sexual intercourse with the victim, performed the Defendant’s mobile camera function, and the Defendant reported the front thereof, and the victim’s tur, who sexual intercourse with the victim, taken a video image.

Accordingly, the defendant taken another person's body that could cause sexual humiliation or shame.

(b) No one shall distribute, sell, rent, or openly exhibit any obscene codes, letters, sound, image, or motion picture through an information and communications network;

피고인은 제1의 가항 기재와 같은 날 09:20경 같은 장소에서 피고인, E, F 등 10명이 참석한 G 단체 대화창에 “아니시발 떡치니까 우리이제사귀는거다 이지랄, 오랜만에 거사치름ㅎㅎ, 동영상찍엇는데” 등의 메시지와 함께 위 제1의 가항 기재와 같이 성관계를 하고 있는 피해자의 엉덩이 부위를 촬영한 동영상을 캡쳐한 사진 1장을 전송하였다.

Accordingly, the Defendant distributed obscene images via information and communications networks.

2. Crimes on October 20, 2018;

A. On October 20, 2018, at around 03:26, the Defendant, at the Defendant’s residence located in Suwon-si C building D, performed a sexual intercourse with the victim, and performed the Defendant’s mobile camera function, and the Defendant reported the front thereof, and the victim’s tur, who sexual intercourse with the victim, taken a video image.

Accordingly, the defendant taken another person's body that could cause sexual humiliation or shame.

(b) No one shall distribute, sell, rent, or openly exhibit any obscene codes, letters, sound, image, or motion picture through an information and communications network;

The defendant is at the same place as the date stated in paragraph (1) of this Article, around 01:39.

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