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(영문) 서울중앙지방법원 2017.05.12 2016고단9291
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2016, the Defendant: (a) had sexual intercourse with the Victim G (hereinafter “F”) with the mobile phone harden f, at the eel f, in Seoul Gangnam-gu, through the Maur’s Round F, which was measured by the Defendant around November 2, 2016; and (b) took the image of the victim’s body she was out of his/her body with his/her inner clothes only without the victim’s consent, using a mobile phone camera shooting function for three times.

Accordingly, the Defendant taken the body parts that could cause sexual humiliation of the victim against his will.

2. On November 2, 2016, at around 24:00, the Defendant sent three copies of the victim’s photographic pictures taken as stated in the above paragraph (1) using the function of transmitting mobile phone HP photographs at the place of the foregoing paragraph (1) to her friendly-gu.

As a result, the Defendant provided the victim with the body-oriented photographs that could cause a sense of sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the victim;

1. Statement made by the police against the victim;

1. A written complaint and a written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of such Crimes (the provision of photographs and photographs using cameras) and the selection of imprisonment with prison labor, respectively;

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 on the suspended execution;

1. If a conviction on a crime committed in violation of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) in the judgment on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and disclosure order is exempted from disclosure or notification order.

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