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(영문) 창원지방법원 2018.09.07 2018고단621
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) the Defendant had a mind to photograph his/her place of sexual intercourse with the victim C (the 18 years of age) who made his/her sexual intercourse with him/her.

A. On February 10, 2016, the Defendant, at his own house located in Kimhae-si, 17:29, on February 10, 2016, taken pictures of the head of a sexual intercourse with the victim for about 28 minutes without the consent of the victim, using a video recording function of a camera attached to the computer at the place.

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

B. On February 16, 2016, the Defendant, at around 00:27, on February 16, 2016, taken a picture for about one hour and 40 minutes at around 0:27, at the place indicated in paragraph 1-A, and without the consent of the victim, on the face of the head of the sexual intercourse with the victim without obtaining the consent of the victim.

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

2. The Defendant: (a) fighted with the victim’s wife and the police officers who received a 112 report and called out on the 112 report; (b) was aware of the fact of having been arrested due to the default of fines; and (c) was willing to threaten the victim by using video pictures taken from the scene of a sexual intercourse with the victim, such as the statement in paragraph (1).

A. On October 8, 2017, the Defendant, at his own house located in the Kimhae-si building 301 on October 8, 2017, around 18:32, the Defendant, on the ground that the victim was not subject to his own telephone, sent the victim a photograph of cutting off the screen pictures taken by the victim from the Defendant’s crime No. 1’s crime on the ground that the victim was not subject to his own telephone through mobile phone Fcom, thereby threatening the victim to spread the image of the sexual relation taken by the victim unless the victim was contacted.

B. October 9, 2017

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