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(영문) 대전지방법원 홍성지원 2017.06.13 2017고단156
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

A. The Defendant, at around 11:56 December 30, 2013, at the Defendant’s house located in Chungcheongnam-gun budget-gun C, has sexual intercourse with D(M, 18 years old) with a female-child victim D (M, 18 years old), while the Defendant was in sexual intercourse with the Defendant’s house located in Chungcheongnam-gun budget-gun C.

Although it was impossible to take a photograph by referring to "Ara", the video of the criminal defendant's Handphone (E) against the victim's will, the video of the sexually related head against his/her will.

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

B. On February 7, 2014, at around 14:57, the Defendant: (a) was sexually related with the Defendant’s home located in Chungcheongnam-nam Budget Group C, the Victim was d(n, 19 years old); (b) the Defendant was sexually related to the Defendant’s home located in Chungcheongnam-nam Budget Group C.

Although it was impossible to take a photograph by referring to "Ara", the images of the Defendant's Handphone (E) were taken against the victim's will against the victim's will.

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

2. On August 26, 2016, the Defendant sent a victim’s H message by using the Defendant’s Handphone (E) to satisfy his/her sexual desire in the G company dormitory 101 located in F at Y on August 26, 2016 (obscenity using a communication medium) in the upper half of his/her body photograph (E) of the victim D (n, 21 years of age), with a view to meeting the victim’s sexual desire.

As a result, the defendant sent the body of the victim to reach the victim's body pictures that could cause sexual humiliation or aversion.

3. Intimidation.

A. The Defendant, on the ground that: (a) the victim D (here, 19 years old) in front of the main point in JJ located in Chungcheongnam-nam Budget Group I on February 2, 2014 to March 3, 201; (b) the victim met with another male; and (c) the victim makes a false statement by telephone.

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