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(영문) 수원지방법원 안양지원 2021.03.24 2020고단2521
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B (the name, the 23 years of age) came to know through the "C", the mobile phone display case around December 2019, and it was only twice.

1. 2019. 12. 경 범행 피고인은 2019. 12. 경 군포시 D, E 호에 있는 피고인의 집에서, 피고인 소유 휴대전화 기의 동영상 촬영 기능을 켠 채 무선 충전기에 거치한 다음 위 피해자의 의사에 반하여 피해자와 성관계하고 있는 장면을 몰래 동영상으로 촬영하였다.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. On March 16, 2020, the Defendant: (a) posted several copies on the cell phone display “C” bulletin board using a large number of unspecified people of the victim’s body, among the sexually associated video images taken out against the victim’s will; and (b) posted a sign “C” at the time when the sign was deleted; and (c) sent several copies of the images to an unspecified number of unspecified persons.

Accordingly, the Defendant displayed the body of the victim who could cause sexual humiliation or shame in public against his will, and distributed it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B (tentative name);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), Articles 14(2) and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202); Articles 14(2) and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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