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(영문) 인천지방법원 2018.01.24 2017고단7805
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 1, 2016, at around 22:00, the Defendant had sexual intercourse with the victim E (V, 27 years of age, son) who was aware of through the “F” at the home of the victim E (F) located in Gwanak-gu, Seoul Special Metropolitan City, by using smartphone functions, taken the victim’s photo on three occasions with the victim’s consent, and posted the victim’s photo on three occasions on May 16, 2016 at the Defendant’s home located in Bupyeong-gu, Incheon, and 202, using a mobile phone at around 02:24, May 16, 2016, the Defendant posted the victim’s photo on three occasions, namely, “gal clubss and Hun-gu, Seoul Special Metropolitan City”, which was linked to the Defendant’s home located in the obscenity G and 202, which was a obscene material site, against the victim’s will.

As a result, the defendant did not go against the victim's will at the time of the photographing, but later displayed the photograph of the body of the victim who could cause sexual humiliation or shame against the victim's will by using camera or other similar devices.

2. On February 28, 2017, the Defendant, at around 02:00, made a sexual intercourse with the victim J (19 years old), who became aware of the non-commercial telecom’s family room located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “I”), and took one-time photographs of the victim’s rear-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-sle-s.

Accordingly, the defendant takes photographs of the body of the victim who could cause sexual humiliation or shame, using the above devices with a camera or similar function, against his will, and take photographs thereof.

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