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(영문) 의정부지방법원 고양지원 2018.11.15 2018고단2264
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who taught with the victim B (n, 22 years of age).

1. On July 8, 2018, from around 00:00 to around 02:00 on the same day, the Defendant taken his/her cell phone images of the victim’s body, such as telegraph and sound, who was under the influence of alcohol while being drunk in the cel of Gyeyang-gu So-gu So-gu, Young-gu.

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

2. The Defendant sent the aforementioned pictures to 7 persons, such as Ma-dong E, at the time and place indicated in the preceding paragraph with the said Handphones, and sent the said pictures to Ma-dong F with the same Messenger.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Photographs;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14 (1) (a) (a point of motion picture shooting and a point of providing photographs) and the choice of imprisonment with prison labor;

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 (The following favorable circumstances):

1. Order to attend lectures and order to provide community service: Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The sentencing of the defendant under Article 48(1)1 of the Criminal Act is to be determined as ordered in consideration of all the circumstances of sentencing, including the defendant’s age, sexual conduct, environment, motive, background, means, result, circumstance after the crime, relationship with the victim, etc., and all the circumstances of sentencing as shown in the trial process.

The crime is very likely to be committed by SNS against the defendant's friendship by affixing the victim's balutic photo and sexual photo.

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