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(영문) 울산지방법원 2017.02.16 2016고단4030
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 26) continued to meet with each other by repeating intimidation and return to the victim even though the victim requested the liquidation of the relationship on August 2016.

1. Special cases concerning the punishment, etc. of sexual crimes (copis and photographs);

A. On August 14, 2016, the Defendant, from around August 14, 2016 to around 23:22 of the same day, taken two instances of the following: (a) from around 23:16 to around 23:22 of the same day: (b) the Defendant discovered that the victim was divingd with the body; and (c) using the Defendant’s mobile phone image recording function, taken twice the face of the victim’s chest and sexual organ with his/her finger and sexual organ with his/her hand; and (d) the Defendant’s sexual organ inserted the victim’s sexual organ into his/her sexual organ.

On August 14, 2016, at around 23:28, the Defendant took photographs using a mobile phone image recording function, the Defendant, even though he/she expressed his/her intent to refuse to take photographs from a locking to a third party, forced the third party to escape his/her sexual organ by hand or in his/her sexual intercourse with the third party, even though he/she had expressed his/her intention to refuse to take photographs.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame over three times using a camera, against his will.

B. On September 15, 2016, around 01:49 on September 15, 2016, the Defendant: (a) discovered that the victim was divingd with the body of the Defendant; and (b) taken the body of the victim using the Defendant’s mobile phone photographic recording function.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. The defendant requires the victim to continuously liquidate a relationship with the victim, and is not under contact with the defendant, and the defendant has sexual intercourse with the victim or body of the victim, including video images taken by the defendant as stated in the above 1.

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