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(영문) 서울남부지방법원 2016.10.14 2016고단1150
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

1. Around July 16, 2013, the Defendant sent a physical photograph of a victimized woman’s body, the name of which is unknown using the Defendant’s cell camera function, to F’s seat, against the women’s will, within 501, in Seoul Special Metropolitan City, the Defendant sent the Defendant’s cell phone pictures to F’s seat. From around that time to November 1, 2013, the Defendant sent the Defendant’s cell phone images to the said F’s cell phone against the women’s will, as described in the list 1-1 of crime sights, where the name of the victimized woman was unknown by the said method, as described above, at least five times from that time.

Accordingly, the Defendant provided F with physical photographs of victimized women against their will, which could not be known of their names that could cause sexual humiliation or shame taken by using camera or other similar devices.

2. The Defendant, while possessing a photograph of a female’s body, whose name cannot be identified through Internet search, etc., sent the photograph to F’s cellular phone, which is the Defendant’s seat, against the female’s will, around July 27, 2013. From around that time to April 6, 2014, the Defendant sent the photograph of the female’s body, whose name cannot be identified by the said method as described in Table 1-2, to F’s cell phone against the female’s will.

Accordingly, the Defendant provided F, against his will, a physical photograph of a victimized female who could not know his name, by using a camera or other mechanical devices with similar functions. The Defendant provided F with the physical photograph of the victimized female who could not know the names that could cause sexual humiliation or shame.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The statement by the police of F. F. The statement

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