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(영문) 서울중앙지방법원 2019.01.18 2018고단5803
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant, as a Korean national, has been staying in the Republic of Korea from May 6, 2013, who provides English education, etc. to enterprises, etc., and the victim B (n, 2 x 2) is aware of the defendant through a hosting app around December 2017 and has been three times only.

1. On January 1, 2018, at around 00:47, the Defendant: (a) taken a photograph of 30 cell phone cameras of the Defendant against the victim’s will, using the cresh in which the victim was locked with the victim, while the Defendant was working together with the victim at the cross-dissecting telecom near Namsan located in Jung-gu, Seoul.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

2. Around that time, the Defendant distributed such pictures on the Internet by transmitting the pictures taken as above to the needy party via the Internet site on the street.

Accordingly, the Defendant distributed photographs taken against the victim’s will as described in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Afolating the Internet screen;

1. Investigation report (related to the detection of the original source photograph stored in the suspect’s Norm), photographs, output copies, CDs;

1. Investigation report (the date and time of photographing photographs of the victim), investigation report (the date and time specified for committing the crime);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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