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(영문) 광주지방법원 2015.11.18 2015고단3674
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is between the victim B (n, 19 years of age) and the victim B (n, 19 years of age) and the family head around June 2015.

1. On May 31, 2015, at around 07:00, the Defendant taken three copies of the victim’s back-hand photo using the Defendant’s smartphone camera, which was known through the preceding Internet hosting and had sexual intercourse with the victim, while having sexual intercourse with the victim, at around 07:0, the Defendant taken three back-hand photo of the victim, which was the victim’s dead body, using the Defendant’s smartphone camera.

2. At around 07:00 on August 1, 2015, the Defendant posted one of three copies of the victim’s bridge photographs taken at the same place as above at the same place as above in paragraph (1) on the Internet bande page called “E” against the victim’s will.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will, and displayed the photograph so taken openly.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Application of CD photographic Acts and subordinate statutes as a result of digital evidence analysis;

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal

The age and occupation of the defendant exempted from the disclosure order or notification order, records of the crime, details and motive of the crime, methods and results of the crime, and the disclosure order.

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