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(영문) 서울남부지방법원 2016.11.25 2016고단4801
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

1. On July 11, 2016, the Defendant, at around 13:00 on July 11, 2016, taken the body of the victim G (tentative name, leisure) who met or came to know from the Gangseo-gu Seoul Metropolitan Government “EM” to “F”, while having sexual intercourse with the victim G (hereinafter “F”), the Defendant took the body of the victim her mobile phone camera.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On July 2016, the Defendant, who committed a crime at the end of July 2016, posted the victim’s b body photographs connected to the Internet at the seat of the end of July 2016, which were taken in “H” as described in the foregoing paragraph (1) against the victim’s will.

Accordingly, the Defendant distributed photographs taken against his will of another person's body, which might cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of I;

1. A petition filed by I;

1. Application of Acts and subordinate statutes, such as Defendant comments and victim photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are as follows: (a) the Defendant taken the body of the victim against the victim’s will while having sexual intercourse with the victim, and (b) posted the photograph taken as above on the Internet website to distribute it; and (c) the Defendant posted a notice on the above Internet website stating the content of the sexual relationship closely with the victim by using a very indecent expression.

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