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(영문) 창원지방법원 2019.10.17 2019고합104
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

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

The Defendant, with Indonesia’s nationality, entered the Republic of Korea as non-professional employment (E-9-4) on July 2, 2013, is a space between the victim B (V, 20 years of age) and the Defendant, who worked in the same factory from April 2, 2018 to December 2, 2018, and was drafted.

1. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, on August 2, 2014, the Defendant did not depart from the Republic of Korea even though the period of stay was terminated, but stayed in Daegu, Changwon, Tong Young, Do Young, Do Young, Busan, etc. by April 16, 2019.

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

A. On July 22, 2018, at around 22:00, the Defendant: (a) laid off all clothes of the victim, which he was under the influence of alcohol, in a mutual influenite conference located in the central Dong of Seongbuk-gu, Sungwon-si; (b) taken photographs of the victim’s body using a opphone X with a camera function; and (c) continued to photograph the victim’s body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

B. On March 2019, the Defendant sent the victim’s b body pictures taken with the victim’s b body pictures taken, as described in paragraph 2-A, to the external accommodation of the victim residing in Uzbekistan using the cell phone display c, the Defendant’s cellular phone (hereinafter “C”), and to the mother of the victim residing in the Kazakhstan, the victim’s b body pictures taken, as described in paragraph 2-A, to the Defendant’s b body pictures, and to the Defendant’s Masdodi, as described in paragraph 2-A.

Accordingly, the defendant provided the victim's bals taken pictures against the victim's will that could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The suspect shall make the victim;

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