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(영문) 의정부지방법원 고양지원 2017.12.14 2017고단2264
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Act on the Punishment, etc. of Sexual Crimes (use and photographing such persons as cameras);

A. The Defendant’s horse warning on March 2017

4. The victim C (V, 26 years old) was sexually related to the victim at the residence of the victim C (V, and 26 years old) located in B, and the victim was recorded with the victim’s mobile phone camera without the victim’s consent, and three copies of the photographic image inserted with the victim’s mobile phone camera and the victim was accumulated in the victim’s body.

As such, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, using devices similar to the camera, against his will.

B. On May 28, 2017, the Defendant sent three copies of the pictures taken by the victim, such as the victim’s statement, to the South East Eastern D, where the victim did not take the part of the victim, at a place in a scarcity, and posted them.

As such, the Defendant distributed and provided photographs taken against the Defendant’s will against others’ body, which may cause sexual humiliation or shame.

2. On May 28, 2017, the Defendant infringed upon the residence of the victim, who was known to the victim’s residence B at around 05:50 on May 28, 2017.

3. The Defendant damaged the property in order to cover the costs of repairs, such as the date and time indicated in paragraph 2, and the place where the victim’s residence was installed on the floor, and the flusium was laid in the floor, the flusium was laid in the flusium, and the flusium was opened in the shower box, and the flusium was milked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes to damaged photographs (F details, etc.);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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