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(영문) 창원지방법원 통영지원 2018.04.27 2018고단48
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On February 14, 2017, the Defendant was sentenced to imprisonment with prison labor for three years and five years of suspension of execution for a violation of the Narcotics Control Act (mariju) at the Changwon District Court on February 14, 2017. The judgment became final and conclusive on February 22, 2017.

[Criminal facts] No person shall disseminate photographs taken against his/her will to another person's body, which may cause sexual humiliation or shame by using camera or other similar devices with a similar function, for profit-making purposes, using the information and communications network.

On June 2016, the Defendant obtained points that can be exchanged with gift certificates equivalent to approximately KRW 9 won paid whenever videos posted on the Internet file sharing site are downloaded, from around 10,000, in order to obtain, on a computer, a title “F” by accessing the Internet file sharing site to Adi E and allowing approximately 20,000 female-friendly organizations to receive multiple points by posting the images of a sex relationship with the victim G by posting them on the bulletin board, which is a Internet file sharing site.

As a result, the defendant spreads photographs taken against his will against others' body, which might cause sexual humiliation or shame by using a camera, etc. for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Complaints and closure data;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of judgment);

1. Article 14 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures, the victim complained of severe humiliation and suffering.

However, the defendant.

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