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(영문) 수원지방법원 성남지원 2019.05.10 2019고단259
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscene materials) shall distribute, sell, lease, provide, display, or openly display or show any photographic materials taken by a person subject to the shooting of another person's body by using a camera or any similar device against his/her will, and no person shall distribute, sell, lease, provide, or openly display any obscene codes, words, sound, images, or motion pictures in an information and communications network;

Nevertheless, from March 2018 to April 2018, the Defendant, using Samsung Gallon (Evidence No. 1) used by the Defendant in Sungnam-si, Mannam-si, Sungnam-si, etc., taken a ballon of the victim C off his clothes, and taken a balon of the back balon and a balon of the back bale that the Defendant baloned and baloned with the balon of the

At around 03:25 on August 6, 2018, the Defendant connected the said smartphone with the said smartphone E in a singing practice room where the trade name in Seongbuk-gu, Seongbuk-gu, Sungnam-si is unknown, and sent back the victim’s sound photo to the E account being installed in F’s smartphone (number : G) and used by the victim who was in custody of the Defendant, with the aforementioned smartphone, and sent the victim’s sound photo to F’s smartphone in the same way as at 07:23 on the same day.

As a result, the Defendant provided third parties with photographing materials against the victim’s will at least twice, and distributed obscene images via information and communication networks.

2. On August 6, 2018, the Defendant of intimidation: (a) 03:21, 201, on the ground that the victim did not receive a telephone or did not revoke the complaint, which was opened in the victim’s smartphone (H) and opened in the E account in use.

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