logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.08.26 2015고단2352
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 29, 2014, the Defendant taken pictures of the victim D (V, 21 years old) who was diving with the Defendant’s cell phone at the Defendant’s dwelling located in Daejeon Seo-gu C, Daejeon, 502.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On March 1, 2015, the Defendant distributed the victim’s photograph and video image against his/her will in the same manner from around that time to April 1, 2015, as indicated in the attached list of crimes, in the Defendant’s residence, and registered and distributed the Defendant’s photograph of the victim D (n'e, 21 years old) (n't, e.g., the victim’s photograph and video in the same manner, from around that time to around March 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. An investigation report (Attachment of data to be submitted by the victim - brhographs and hosting content), investigation report - Attachment of victim brhograph photographs, investigation report (in addition to data to be submitted by the victim - two video images), investigation report (the statement of the victim related to the distribution of additional photographs), investigation report (the statement of the victim related to the distribution of additional photographs) (the list of photographs stored in the suspect mobile phones, pages, Kakaotops, the list of total sights), investigation report (the list of photographs by crimes

1. Application of Acts and subordinate statutes to photographs and hosting contents, photographs of each victim's body body, attachment of motion pictures, and photographs stored in a suspect telephone system;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes (the use of photographs, such as cameras, the choice of imprisonment), Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the distribution of photographs and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing criteria;

arrow