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(영문) 대전지방법원 논산지원 2017.12.22 2017고단558
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.), taken the victim’s body against his will by photographing the victim’s cell phone with the Defendant’s cell phone located in Kamerasa, 3 203 Dong-gun, 2015, and the victim’s cell phone with the Defendant’s cell phone located in Kameras, with the victim’s panty only and the victim’s chest body expanded the victim’s chest body, and taken the victim’s body against his will that may cause sexual humiliation or shame.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) reveals that, around March 24, 2017, around 21:42, the Defendant sent the victim’s known body and chest photographs to the victim D (at the age of 21 years), as in paragraph 1, to the victim D (at the age of 21 years), by means of a text message, along with the victim’s text message, around March 24, 2017.

The message sent to the effect that the message “I need to come to achieve its purpose. I will not see.”

Accordingly, the Defendant sent pictures that cause sexual humiliation or aversion to the victim using communication media with a view to inducing or satisfaction of his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph E-mail messages;

1. Relevant provisions of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), Article 14(1) (a) of the Punishment of Sexual Crimes Act (hereinafter “Sexual Crimes Punishment Act”) and Article 13 of the same Act (obscenity in use of communications media), and the selection of imprisonment, respectively;

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

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

1. Where a conviction against the Defendant on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Punishment of Sexual Violence Act is finalized, the Defendant shall obtain personal information under Article 42(1) of the Punishment of Sexual Violence Act.

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