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(영문) 수원지방법원 2016.03.24 2015고단5499
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On April 3, 2015, the Defendant: (a) while drinking alcohol with H and B at the main point of “FG underground” in the Suwon-si Suwon-si Suwon-si, the Defendant: (b) received from H the victim’s b body photo taken by the victim at the time of sexual intercourse with H and B; and (c) sent the victim’s b body photo taken by H as the Defendant’s cell phone again via the cell phone.

As a result, the Defendant distributed and provided photographs taken against the victim's body against his will, which could cause sexual humiliation or shame.

2. Defendant B sent the victim I’s upper half body photo, which was transmitted by A, as described in paragraph 1, to J using a mobile phone from the non-permanent and non-permanent area on April 2015.

As a result, the Defendant distributed and provided photographs taken against the victim's body against his will, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement made by the defendant B in the first trial record;

1. Statement made by the defendant A in the second public trial records;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, sent the victim's b body photo to another person's mobile phone after receiving the victim's b body photo. In light of the fact that the victim seems to have not suffered considerable mental pain, and that the victim wanted to be severe punishment against the defendants at present, the crime's nature is not weak.

However, the defendants are divided into and reflected in their mistakes, and they receive the victim's balone photo.

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