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(영문) 수원지방법원 평택지원 2019.05.31 2019고단96
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. A. Around July 2018, the Defendant: (a) performed the Defendant’s mobile phone camera function in his/her place of residence in Ansan-si B; and (b) taken the Defendant’s sexual organ part of the victim’s sexual organ after the victim C (V), who was divingd.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

B. At around 12:00 on August 16, 2018, the Defendant, at the above Defendant’s residence, exceeded all the clothes of the victim, she saw that the victim seeed the mobile game of the former male-child household, and she taken pictures of the victim by performing the Defendant’s mobile camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

C. On August 2018, the Defendant posted the victim’s chest photographs by accessing the victim’s DNA account on September 1, 2018 while he/she was in custody of the victim’s chest photographs after cutting down the victim’s chest photographs at his/her residence in the police officer’s residence.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will, and displayed the photograph so taken openly.

2. Special intimidation: (a) around 11:00 on August 18, 2018, the Defendant said that the victim would die” while talked with E in the above Defendant’s residence; (b) the kitchen knife (not less than 30 cm in total length, about 18 cm in length) which is a dangerous thing that the victim would die is in the victim’s hand; and (c) the kitchen knife in the victim’s hand.

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