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(영문) 서울중앙지방법원 2017.02.03 2016고단7261
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant tried to listen to the horses from the victim C, who attended the school with a man, to see the horses, and to distribute the victim's balm photographs.

On April 20, 2016, from around April 21, 2016 to April 21, 2016, the Defendant distributed a total of 10 photographs, such as a photo showing the victim’s face at the Defendant’s residence, a telegraphic photo showing the victim’s body photo, a photo showing the victim’s sexual intercourse, and a photo showing the victim’s sexual intercourse, etc., and a photograph indicating the victim’s 10 copies, such as a photo showing the victim’s sexual intercourse, and “domestic” without the victim’s permission, to the E-learning room using the Defendant’s 7 members of the high school, and slandered the said victim.

As a result, the Defendant distributed photographs taken by the victim's body that may cause a sense of sexual shame against the victim's will, and at the same time, damaged the reputation of others by exposing public facts through information and communication networks for the purpose of slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of E message, application of the Acts and subordinate statutes on group E-learning photographs;

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Facts, Article 70 (1) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (a point of defamation through an information and communications network);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined by comprehensively taking account of the following specific circumstances and the sentencing conditions of the accused, including the age, sex, home environment, and circumstances before and after the commission of the crime:

It shows a attitude to make a confession of crime and to reflect it in depth.

There are no criminal records of the same kind and there are no severe criminal records between the last ten years.

The contents of the photographed material shall be the victim.

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