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(영문) 부산지방법원 2019.06.10 2019고단526
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

No person shall photograph another person's body, which may cause any sexual humiliation or sense of shame, against the latter's will, by using a camera or any other similar mechanism, or display photographs to the public against the latter's will at the time of photographing, even though they do not go against the will of the person subject to photographing.

On July 10, 2018, the Defendant, at around 18:30, posted two video images of the same kind with the victim C and posted them to D, on the ground that the video is exposed to the identity of the victim who confirmed the video images posted at the Defendant’s home located in Seo-gu, Busan, by posting two of the video images at around 23:15, on the same day, the Defendant deleted the video from D on the ground that the video is exposed to the identity of the victim who confirmed the video images posted at the Defendant’s home located in Seo-gu, Busan.

Then, when the Defendant cut off the F Messen from the victim’s Messenger, the Defendant posted one image of sexual intercourse, such as the victim’s first half of the body taken through D, on July 15, 2018, on the ground that the victim was exposed to D’s personal information, on the ground that the victim was exposed to D.

As a result, the Defendant openly displayed photographs that may cause sexual humiliation or shame against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. A written evidence and a written statement of the G production;

1. Materials posted in D and each D;

1. Contents of conversation and F details;

1. Application of Acts and subordinate statutes to investigation reports (fix victims' specific materials and reference materials);

1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment, etc.

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. An order to attend a course;

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