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(영문) 창원지방법원 2018.02.06 2017고단3769
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant was aware of the victim D (n, 46 years of age) at the end of 2015 and was in the internal relationship until August 2017.

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

A. On July 24, 2016, the Defendant: (a) around 11:22, in a mutually influent telecom room in the window E of Changwon-si; (b) installed 5 mobile phones in Samsung Ggal ju, the Defendant, the Defendant inside the Kameras, on the television of the above guest room; (c) installed 5 mobile phones in the Defendant’s Samsung Ggal ju, with the Defendant installed on the television of the above guest room; and (d) prevented the Defendant from being aware of the victim’s DNA by covering the above several cases; and (d) taken the victim’s sexual intercourse with the victim, who was in the state of body in the above guest room.

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

B. On October 19, 2017, at a place where the location is unknown, the Defendant sent one file of the GIF Gacs Ltd., which edits the screen pictures taken by using mobile phone F Fmp, to G, who is the Defendant’s will, using the above paragraph (a). On October 20, 2018:40 of the same year, three copies of the GIF file editing the above screen pictures were sent from October 19, 201 to October 22, 201 of the same year, including the transmission of three copies of the screen pictures, which were taken by using mobile phone Fmp, and the victim’s husband and his husband, as described in the attached list of crimes, from October 19 to October 22 of the same year.

Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.

2. Illegal confinement;

A. The Defendant, on May 1, 2017, on the ground that the victim’s house located in Kimhae-si H around 07:00, in front of the victim’s house located in Kimhae-si, the victim is bad, and the Defendant is not present well.

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