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(영문) 수원지방법원 성남지원 2014.06.03 2014고단951
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 20 hours.

(e).

Reasons

Punishment of the crime

From September 2013 to January 2014, the Defendant was a person who was in an internal relationship with the victim C (nive, 41 years of age).

1. On December 2, 2013, the Defendant, in sexually related dynamics against the victim, took a video recording of his/her cell phone device, which is capable of performing the function of photographing the victim’s dynamics, in the mutual influence 2-dong, Sungnam-si, Sungnam-si, with the victim’s sexual intercourses with the victim, and took a video recording of the victim’s sexual intercourse with the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. At around 20:00 on January 2, 2014, the Defendant distributed the victim’s sexually related dynamics and bridge photographs, the Defendant called the victim’s sexually related dynamics D with sexual intercourse D with his sexual intercourses, and sent the victim’s sexual files to the victim’s sexual intercourse D with his sexual intercourses, “The victim is three children, and they are too young. The victim is not married with his/her own body. The victim does not have any relationship with his/her own body. The victim was in a restaurant around December 30, 2013, and the victim was not going to go to the restaurant. The date and time mentioned in paragraph (1) using his/her cell phone devices, and the victim sent the victim’s sexually related video files to each of the victim’s sexual intercourses, such as the victim’s sexual half and chest recorded in paragraph (1) 3 and the above paragraph (1).

As a result, the Defendant distributed three copies of the photograph taken by the victim's chest body, etc., which could cause sexual humiliation, against the victim's will, and distributed a sexually related video taken against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Letters, contents, sexually related video CDs;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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