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(영문) 대구지방법원 2020.12.09 2020고단3237
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around October 2018, the Defendant came to know in a singing room with the victim B (B, inn, 32 years of age, in Thailand nationality), and had the Defendant live together in a room room located in the Daegu Metropolitan City, Seo-gu, Daegu, and caused the Defendant to take a photograph of sexually related images or the victim’s b body pictures, etc., under mutual agreement, and keep them in the cell phone, etc.

At around 01:00 on January 1, 2020, the Defendant: (a) claimed 01:00, and thereafter, (b) transported the images of the Defendant’s cell phone that the Defendant was in custody of the Defendant’s cell phone to 5 members of the Defendant’s friendship-gu through the Kakaook, without the victim’s permission, at around 13:25 on the same day; (c) around 14:13 on the same day, the Defendant sent the images of the Defendant’s cell phone stored in the Kaophone, including the video that the Defendant was in custody of the Kaophone from the cell phone, to the Maodong-gu, the Defendant sent the images of the Defendant’s cell phone without the victim’s permission, as described in the attached list of crimes, from around that day to January 22:23, 2020.

Accordingly, the Defendant committed the act of distributing, etc. images taken by the victim's body against the victim's will.

Summary of Evidence

1. 피고인의 법정진술 B에 대한 각 경찰진술조서 대화내용 갈무리 사진, 카카오톡 대화내용 갈무리 사진 유포 피해영상 스크린샷 사진 각 압수조서 각 디지털 증거분석 결과보고서 각 수사보고 합의서 법령의 적용

1. Article 14 (2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020) applicable to the relevant criminal facts and the selection of punishment for such criminal crimes;

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

1. Punishment, etc. of sexual crimes committed against a person under detention in a workhouse under Articles 70(1) and 69(2) of the Criminal Act;

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