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(영문) 대구지방법원 경주지원 2018.09.12 2018고단395
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is between May 2017 and early September 2017 and the victim C (V, 21 years of age).

1. On September 2, 2017, the Defendant taken a photograph of the body of the victim who entered a toilet to show a shower in the state of body using the Defendant’s smartphone’s camera function in Ulsan-gu, Ulsan-gu, U.S. on September 2, 2017.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. On October 27, 2017, the Defendant, at the Defendant’s residence located in the F of the racing-si, connected the G website with the ID of “H” by using a mobile phone, posted a photograph of the victim’s body, such as the foregoing 1. on the bulletin board of the said website as “I” against the victim’s will.

As a result, the Defendant displayed images of another person’s body, which may cause sexual humiliation or shame, in public by using camera or other similar devices, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on internal investigation report (a notice posted by the user of the “J”, along with his/her business route) and the G bulletin board closure photographs

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using, photographing, photographing, and displaying photographs, such as cameras) and the selection

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing indicated below the grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and other records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

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