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(영문) 수원지방법원 여주지원 2017.09.19 2016고단1598
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six 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

1. On May 8, 2016, the Defendant reported that the victim E (nives, 28 years of age) was living in the Del located in the Gela-gun, Gyeonggi-do, Gyeonggi-do, and that the victim E (nives, 28 years of age) was deprived of lower age, and taken three times by using the Defendant’s portable phone in advance without the victim’s consent, using the Defendant’s portable phone in his/her possession without the victim’s consent, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscene materials) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;

Nevertheless, on December 14, 2015, the Defendant sent to the members of the Internet club, a copy of the F’s nudic photo attached to sampling, “if he/she wishes to purchase this photograph, he/she shall send money.” On December 14, 2015, the Defendant received KRW 300,000 from the said member H, and sold the said nudic photo.

Accordingly, the Defendant sold or displayed openly obscene images and videos through information and communications networks.

3. On May 7, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a JKanop vehicle in the section of about 80 km from 1 p.m. to 1 p.m. from 1 p.m. to 2 p.m. from 1 p.m. to 3 p.m., in the case of Gyeonggi-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with E, F, and H 1.

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