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(영문) 서울중앙지방법원 2021.02.17 2020고단1322
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 December 26, 2015, the Defendant, at the home of the Defendant in the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Defendant’s office, posted a notice of “E” by accessing D’s mobile web website “E” bulletin board, using a computer, and opened a film of “E” in the same manner as the images of the sexual intercourse between the victim G (a while, at the time, the Defendant was 23 years old) and the male-friendly group, as shown in the attached Table 1 of the frequency of crimes, with a total of 32 victims’ sexual intercourses, as well as the images of the sexual relationship.

Accordingly, the defendant distributed photographs taken by the body of victims who might cause sexual humiliation or shame by using carmeras, etc. against the victims' will.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscenity) shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or motion picture through an information and communications network;

Nevertheless, at around 00:00 on December 19, 2015, the Defendant, using a computer, posted a notice “C” as “H” by accessing the “D” mobile web website’s bulletin board, and upcoming the obscenity’s sexual intercourse with her body under the name of “I” as “I”, and upcoming obscenity in the same manner, the Defendant up to 136 obscene materials, such as the 2-day list of crimes.

Accordingly, the Defendant distributed obscene images or videos through the information and communications network.

Summary of Evidence

1. The Defendant’s legal statement, reporting on the commencement of internal investigation (verification of adult pornographys posted by the suspected person), investigation reports (specificization of criminal proceeds), investigation reports (illegal filmings victims) against the Defendant’s legal statement J (a name), G (a name), and police statements by the Defendant.

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