(영문) 서울남부지방법원 2017.11.15 2017고단2855

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(영문) 서울남부지방법원 2017.11.15 2017고단2855

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant at around 11:51 on May 1, 2017, the Victim B (Woo, 33 years of age, China's nationality) who was in an internal relationship with the Defendant at around 33 years of age.

Based on the fact that the body photographs of the victim taken without going against the victim's will are stored in his/her mobile phone, the victim sent the above pictures to the victim's mobile phone (C) using the Messenger to the victim's husband's mobile phone (C).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Determination as to the assertion of the defendant and his defense counsel in the investigation report (Attachment of DNA photographs)

1. The summary of the argument is that the defendant sent the victim's photograph to his husband's cell phone with the mind that the victim and his husband came into a hedge, and the victim was well aware of it and was well aware of it.

As such, the victim's photograph is not provided against the victim's will.

2. The victim, from an investigative agency to this court, is deemed to be the victim to be the victim.

In light of the following, the Defendant’s statement to the effect that “the Defendant was sent a photograph to the effect that he/she refused to transmit it, and that he/she and her husband would be hedging,” the Defendant’s statement is not consistent, specific, and reliable, and there is no special circumstance to suspect that the statement was consistent, specific, and reliable; the Defendant appears to be able to recognize himself/herself that he/she was not given consent from the victim before he/she sent his/her photograph to her husband; and it would normally be difficult to accept that his/her her her b body photograph

The decision is judged.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

Application of Statutes

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Order to complete a program;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제2항

-형법 제69조 제2항

-형법 제70조 제1항

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