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(영문) 부산지방법원 서부지원 2017.12.12 2017고단1328
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The Defendant was the victim C (V, 28 years old) and the Defendant was the victim from January 1, 2016 to around March 2017, 2017. From the end of August 1, 2016, the Defendant had been suffering from the victim’s back-consty kis and panty kis, both of which were located within the victim’s room located in Busan si-gu, Busan si-gu. On August 2016.

Hand taken by cellphones.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. The Defendant, at the end of August 2016, was a victim who was killed in the victim’s appearance, from a sloping telecom in Gangseo-gu Busan Metropolitan City, or from a sloping to a bed immediately into a bed.

Handphones were taken 4 times by Handphones.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

3. On April 2017, the Defendant posted a photograph showing the victim’s appearance taken by the victim, such as written in the instant paragraph 1, on the instant app “E”, a Handphone, at a fluorial area.

Accordingly, the Defendant distributed another person’s photograph that could cause sexual humiliation or shame against his will.

4. On May 2017, the Defendant posted four copies of the images of the victim taken in the victim’s round, such as the instant paragraph 2, on the instant app “E”, which is a Handphone, in a light of the fact that: (a) the Defendant posted four copies of pictures taken in front of the victim.

Accordingly, the Defendant distributed another person’s photograph that could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to victim photographs, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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. An order to attend a lecture or an order to provide community service;

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