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(영문) 의정부지방법원 2020.11.26 2020고단2921
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor 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 is a person who violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) and uses B P Pest (D) to share illegal photographed and obscene materials by creating B accounts with B Adididi (C) on a dateless.

On April 17, 2020, the Defendant posted a notice on April 17, 2020 to allow a large number of unspecified people to view a reproduction of the illegally taken photographed video in which women in unknown name, who reported urine from the toilet in the above B account at their own dwelling in both countries E.

As a result, the Defendant openly displayed a copy of a photograph taken by a person who might cause sexual humiliation or shame against his will, using a camera, in turn, the Defendant displayed the copy of the photograph taken.

2. On April 17, 2020, the Defendant: (a) written a notice stating “F” on the said B account at the place indicated in paragraph (1) of the same Article; and (b) made a false statement as if the Defendant sent to the victim G who reported and contacted this fact a pin number of cultural products right to use, sent the child or juvenile pornography.

However, there was no intention or ability to transmit child or juvenile pornography even if the defendant received cultural products from the victim because he/she did not have obscene materials other than those posted in B account as described in paragraph (1).

The Defendant acquired money from the victim through the Defendant’s fin number of the right of cultural products equivalent to KRW 80,000 on the same day through the “Ra” application.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on documentary evidence, closure data of the contents of conversation, and each reply document;

1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977 of May 19, 2020) (the display of body photographs of anti-doctors), Article 347(1) of the Criminal Act (the occupation of fraud) and the choice of imprisonment with prison labor for each of the following:

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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