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(영문) 서울북부지방법원 2014.03.12 2014고단145
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant and the victim C (the age of 53) had been living together at the home of the Defendant located in Dongdaemun-gu Seoul, Dongdaemun-gu, from May 2012 to June 2013 due to the past annual relationship, and on December 2013, 2013, the Defendant and the victim C (the age of 53) were the one who met only the Defendant and sheed.

1. Around June 3, 2012; around May 6, 2013; around June 26, 2013; and around July 3, 2013, the Defendant taken a cell phone with a video recording function at the Defendant’s home to cover up the cell phone with the victim’s sexual act; on or around July 28, 2012, the Defendant took a photograph of the victim’s sound recording at the same place; and on or around December 31, 2013, the Defendant sent the video recording at the same place to five persons, including the victim’s daughter, who have taken the video recording function.

As a result, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mobile phone with the camera function against his will, and distributed the photographs.

2. On December 2013, 2013, the Defendant attempted to compel a police officer to spread video images of a sexual relation taken as described in paragraph (1) to the victim’s consciousness, by threatening the victim that the victim would spread video images of the sexual relation taken as described in paragraph (1) if he did not talk with the victim.

On December 31, 2013, the Defendant sent the images of the said video to five persons, including the victim’s wife, using the Kakao Stockholm to the victim, as described in paragraph (1). On or around January 1, 2014, the Defendant, knowing the fact that “I would distribute the video images of which sexual intercourse is taken to all the sons if I do not go back again” to the victim who called the victim, was trying to probin with the victim by threatening the victim, but the victim refused it and reported the Defendant to the police.”

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