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(영문) 부산지방법원 2014.04.18 2013고합916
준강간등
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. A. Around 01:00 on August 29, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (obscenity using communications media), the Defendant living together with the Defendant at the Defendant’s residence of the Busan Jin-gu G building 301, and the victim B (or the Defendant) was under the influence of alcohol. When the Defendant confirmed the victim’s mobile phone text messages and discovered that another male H was dead, the Defendant taken a photograph of the victim’s body and sound, and the Defendant’s sexual organ by using the victim’s cell phone camera function.

The Defendant continued to transmit to the above H the text message “Is a photograph that sees well a photograph, sees it,” and “Is a photograph, Is our house now try to do so, and Is that I want to do so.”

As a result, the Defendant taken the body of the victim who may cause sexual humiliation or shame by using the cell phone camera of the victim against his will, and sent text messages and balm photographs that may cause sexual humiliation or aversion through the cell phone with the intent to satisfy the Defendant’s sexual desire.

B. On September 21, 2013, at around 21:30 on September 21, 2013, the Defendant suffered injury or damage of property, the Defendant: (a) sent the victim’s b body pictures to H, such as the above paragraph (a) to the victim’s residence; (b) however, the Defendant: (c) went away from the victim’s hand on the part of the victim for the reason that the victim refused to gather and refuse to remove the goods; (d) “I bitch bitch bitch bitch bitch bitch bitch is so good.”; and (e) the victim takes the victim’s son as the Defendant’s hand on the part of the Defendant.

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