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(영문) 대전지방법원 2017.07.14 2017고단1709
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than one year and 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 April 23, 2016, between around 20:30 and 22:04, the Defendant made a conversation with the victim F (the age of 22 at that time) by means of a mobile phone camera during the process of making a sexual intercourse with the victim F (the age of 22 at that time) at the DNA conference located in Seo-gu Daejeon, Seo-gu, Daejeon, and taken one copy of the victim’s b body photo and face photo containing the self-defense device, and one copy of the victim’s back body photo.

Accordingly, the Defendant taken photographs of another person's body, which could cause sexual humiliation or shame on the part of another person by using a mobile phone camera at least eight times, against his will.

2. On April 25, 2016, around 05:51, the Defendant posted, at the Defendant’s house located in Seo-gu Daejeon Seo-gu Daejeon apartment complex 15:302, the Internet “H,” “I” as a title 1, a copy of the victim’s face photograph taken by the victim following the victim, such as paragraph (1).

Accordingly, the Defendant displayed two copies of the victim’s body pictures openly against the victim’s will to cause sexual humiliation or shame.

3. On April 13, 2017, at around 01:25, the Defendant: (a) saw K Hospital 217 in Seo-gu, Daejeon, Seo-gu, Daejeon; and (b) saw the victim’s balone photo as a person who took the victim’s balone photo on the Internet website; (c) stated that the victim would assist the victim to delete the victim’s balone photo on the Internet website; (d) but the victim refused this request; (e) sent eight copies of the photograph taken by the victim’s male-gu, the victim’s balone photo via Internet L, as described in the foregoing paragraph (1).

Accordingly, the defendant provided the victim's body photographs to the male-child body of the victim who could cause sexual humiliation or shame taken against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in each protocol made to the F;

1. The face and back appearance of a victim shall be taken;

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