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(영문) 수원지방법원 여주지원 2018.11.09 2018고단674
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 8, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Kameras, etc.) taken pictures of the victim D (Gameras, Gameras, 20 years old) who was diving next to the Defendant’s mobile phone using a camera located in the Defendant’s mobile phone from Echeon-si B “C” around 06:00.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

2. On July 8, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), accessed the instant Messen, and transmitted pictures of the Defendant’s friendly arrest F, G, and H to the Defendant’s rooms in which the H participated, as described in the foregoing 1. Paragraph (1).

Accordingly, the Defendant sent pictures that cause sexual humiliation using communication media for the purpose of fulfilling his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed in D;

1. Statement made with D;

1. Application of the statutes on respective statements made to F, G, and H;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes [the punishment prescribed for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communications medium)]

1. Selection of imprisonment with prison labor chosen;

1. The aggravated punishment for concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for the crimes prescribed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Kameras, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. To exempt an order to disclose or notify and an order to restrict employment;

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