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(영문) 대구지방법원 2020.06.23 2020고단1221
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 3, 2019, the Defendant, at the passenger room B around the Gyeong-gu, Gyeong-gu, 2019, made a sexual intercourse with the victim C (the 17 years of age) who became aware of in the ordinary flusium flusium, together with the victim C (the 17 years of age), and taken the victim’s upper half of the body photograph by using the cell phone camera function possessed by the Defendant against the victim’s will.

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

2. On November 3, 2019, the Defendant sent one copy of the victim’s b body photo taken as described in paragraph (1), without the victim’s consent, with the victim’s mind, to friendly-gu Doctrine Doctrine Doctrine Doctrine, with the victim’s mobile phone facebook function. On the same day on the 24th of the same month, two copies of the victim’s b body photograph were sent to e in the same way as the victim’s b body photograph known in the same way, and from November 3 to December 9 of the same year, two copies of the victim’s b body photograph were sent to f in the same way as the victim’s b body photograph known in the same way.

Accordingly, the defendant distributed the above photographs taken against the victim's will as stated in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, F, D, E, and G;

1. Application of the Acts and subordinate statutes on the screen of an investigation report (to attach photographs of victims, text messages printed outs), victim photographs, and text messages;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), Article 14(2) and (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 (1) of the former Act on Special Cases Concerning

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

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