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(영문) 수원지방법원 성남지원 2016.10.07 2016고단2113
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The same year from April 1, 2015 to a defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. From May to May, the Defendant’s home, which had been installed on the computer, provided the victim’s body body pictures, such as the victim’s ambalm photo and the victim’s ambalm photo, which the Defendant was in possession of the victim E (the victim’s age 24 years), by using the Defendant’s crym program installed on the computer at the Defendant’s home, 108 and 2004.

2. A person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) prepares a video file of images taken by using a cell phone used by the defendant from September 1, 2015 to his/her sexual organ taken by using a cell phone used by the defendant in the same manner as paragraph (1).

It was transmitted to the cell phone of the victim E (M, E, 24 years old).

As a result, the Defendant sent to the victim images that cause sexual humiliation or aversion through a cellular phone, which is a communication medium, with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to photographs, investigation reports (report on the attachment of sex photographs and dialogue letters) by each closure of a course;

1. Relevant Articles on criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes (referring to obscene acts using communications media), Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to the provision of photographs by using camera, etc.), and the

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Course.

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