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(영문) 서울동부지방법원 2018.08.30 2018고단897
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around October 2010, the Defendant came to know of the Victim B (V, 42 years of age) as a business relation. From July 201 to July 201, when the victim was living in a non-wheeled relationship with the victim and the victim continued to feel doubtful, the relationship has deteriorated, using the victim’s body photographs, etc. taken against the victim in the past, threatened the victim by using the victim’s body pictures, etc., and insulting the victim.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On January 2013, the Defendant taken a photograph of the body of the victim, who was divingd in the state of her inner clothes using the cell phone of the Defendant who had a camera function between the victim and the locked her, against her will.

B. On August 16, 2017, at around 22:10, the Defendant sent images of the victim’s clothes in custody of the Defendant’s cell phone and the victim’s b body pictures with the victim’s cell phone, which were closed and stored in the Defendant’s cell phone, to D through SNS C, and “distribution” under Article 14 of the Act on the Punishment, etc. of Sexual Crimes, which was provided against the victim’s will, to an unspecified or unspecified person. If the Defendant had expressed an intent to distribute them continuously and repeatedly, delivery may constitute distribution. On the other hand, “providing”, separate from distribution, refers to free delivery that does not reach the “distribution”, and delivery of them to a certain number of unspecified or unspecified persons without the victim’s intent to distribute them constitutes “providing” (see, e.g., Supreme Court Decision 2016Do1667, Dec. 26, 207).

As long as it is difficult to see, D only.

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