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(영문) 서울남부지방법원 2016.08.26 2016고단2608
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be forfeited from the defendant.

For the defendant.

Reasons

Punishment of the crime

1. Around April 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken pictures of the Defendant and the victim’s sexual intercourse for about 15 minutes, without obtaining the consent of the victim F (V, 26 years of age) who was in a relationship with the Defendant, using the Defendant’s cell phone in the Ecomter located in Seocheon-si, Seocheon-si, Seocheon-si, Seoul.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

2. On June 9, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc.: around 00:15, at the street near the home of the victim located in Gangseo-gu Seoul Metropolitan Government, the victim was living in a tobacco relationship from May 9, 2016, and the victim was frighted on the day he was reported to the police by the victim, and the victim was frighted on the day he was reported to the police by the victim, and the sexually related video recorded as described in paragraph (1) together with the sexually related video recorded as described in paragraph (1) “I am k k k k k k k k k

Mabal Mabal Mabal Maba

It is possible to see the truth of the report in the vicinity of the report, even if the report is to be made.

I am khye kye kye

Malibal v. D.

The text message “ was sent.”

In addition, on June 9, 2016, from around 00:15 to around 07:04 of the same month, the Defendant sent text messages, videos, photographs, etc. of the same content as the list of annexed crimes at least 12 times in total.

Accordingly, the Defendant repeatedly sent words, images, or videos that arouse fears or apprehensions through information and communications networks to other parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. An investigation report (to attach a sexually related video and H text message);

1. Each photograph;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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