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(영문) 수원지방법원 평택지원 2017.07.13 2017고단213
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 8, 2016, while the defendant was living in the victim D(n, 26 years of age) and the ties of smartphones (i.e., opphones) possessed in the defendant's residence located in the Chinese mountain E on July 8, 2016, the defendant taken 16 copies of the photograph that could cause sexual humiliation of the victim, such as the photograph that the victim's sound was clicked, against the victim's will.

The defendant saw that the victim who fladddd with a smoke flad with another male and avoided the phone of the defendant. The defendant sent the victim's body photographs taken as above to the male-friendly body of the victim, so that the victim could feel a sense of shame to the victim.

1. On August 2, 2016, around 02:12, the Defendant provided a photograph of the victim’s body, which might cause sexual humiliation or shame, by transmitting nine photographs from the victim’s male-gu cell phone (G) to the victim’s cell phone (G) in the Defendant’s residence located in the Chinese mountain E, using the Defendant’s cell phone text message at around August 2, 2016.

2. On August 5, 2016, around 06:09 on August 5, 2016, the Defendant provided the victim’s body pictures by transmitting seven photographs from the victim’s male-gu mobile phone (G) to the victim’s cell phone (G) to the victim’s cell phone in the Defendant’s residence located in the U.S. nes E, using the Defendant’s cell phone text messages at around 06:09. The Defendant provided the victim’s body pictures that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written complaints and reports on results of digital evidence analysis;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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