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(영문) 대전지방법원천안지원 2020.11.13 2020고단2082
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for nine 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 is the victim B(n, 38 years of age) and the workplace compensation relationship.

No one shall photograph another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or similar mechanism, against the latter's will, and distribute, sell, lease, provide, or openly exhibit or show such photographic or reproduction to the public.

1. On June 27, 2020, the Defendant, at around 00:04, 00, 000, taken a panty by drinking in the Dong-nam-gu Cpenta, Yandong-gu, Yancheon-si, and then taken the victim’s panty, leading the victim’s her fry and the lower half of her fry, into the mobile phone camera of the Defendant.

Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame due to mobile phone cameras against the victim's will.

2. At around 07:30 on June 27, 2020, the Defendant sent the victim’s photograph taken in the above pentathy to the Kakakao Kakao Kakao Kakao Kao Kao Kao Kao’s organization where seven employees, including the Defendant and the victim, participate by using the

Accordingly, the Defendant displayed the victim’s pictures taken by mobile phone cameras openly against the victim’s will that may cause sexual humiliation or shame.

Summary of Evidence

1. Application of Acts and subordinate statutes on records of seizure of police statements on the defendant's legal statement B, list of seizure, Kakao Stockholm dialogue, and digital evidence analysis report by the defendant;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Confiscation of the Criminal Act;

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