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(영문) 인천지방법원 부천지원 2019.05.15 2018고단3452
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On August 11, 2013, around 11:51, 2013, the Defendant taken pictures of the form of sexual intercourse with the victims, such as the victim’s sexual intercourse, from around 30 times until August 2016, 2016, by putting on the cell phone image function of a mobile phone in which the trade name in Jeju is unknown, and setting up in the direction to indicate the right side of a mobile phone, and conducting a sexual intercourse with the victim ( women) with which the full name cannot be known by hosting it.

Accordingly, the Defendant took photographs of another person's body that may cause sexual humiliation or shame against his will.

2. On September 25, 2015, the Defendant visited the so-called “F” site, which is an adult pornography, at the accommodation located in Jeju Island No. 09:01 on September 25, 2015, the Defendant openly displayed the images of the victims, as shown in the attached Table 2, on a total of 12 occasions from the time until May 29, 2017, by exposing a part of the video taken by a victim ( female) who was unable to know his/her name as described in paragraph (1), and storing them as a photograph, and then posting them on the bulletin board of the website as “H”.

As a result, the Defendant openly displayed photographs taken against another person’s body, which may cause sexual humiliation or shame, over a total of 12 times.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each police statement made to I, J, K, L, or M (each other police statement);

1. A written statement of the N;

1. Police seizure records and list of seizures, investigation reports (in cases of confirmation as a result of digital analysis of seized articles, attaching female body illegal photographs);

1. A report on the analysis of digital evidence;

1. Application of the F Act and subordinate statutes to the closure photographs of the obscenity site, to the bodily characteristics of the suspect, to capture photographs of the suspect, and to the suspect’s specific closure photographs;

1. The punishment of each of the previous sexual crimes provided for in the corresponding Article and the selection of punishment;

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