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(영문) 서울동부지방법원 2019.06.14 2019고단933
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six 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. No person shall photograph the body of another person against his/her will that may cause sexual humiliation or shame by using mechanical devices, such as a camera, etc.;

On October 2012, the Defendant, using the mobile phone of the Defendant with a camera function, taken a picture of a woman-friendly job victim C (V, 21 years of age) at the time, who was faced with her body above the bed, and then taken a sexual relationship with the victim after the Defendant’s bodily body was broken out, with the Defendant’s cell phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mechanical devices such as carmeras against his will.

2. On May 2013, the Defendant revealed that, in the room of the Defendant in the E University dormitory located in Ansan-si, the Defendant, among 3 to 4 persons, such as the Defendant’s cell phone in the same physical therapy department, F and G, etc., the Defendant sent the video images of sexual conduct by using the Defendant’s cell phone. The fact is that, despite the fact that the women appearing in the video is not the victim indicated in the foregoing paragraph 1, the Defendant said that “the images of sexual intercourse with the said victim were taken.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Each police statement of C and H;

1. The investigation report (No. 9 No.);

1. Details of each I conversation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 307(2) of the Criminal Act; and Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 20

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

1. Suspension of execution;

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