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(영문) 인천지방법원 2019.07.18 2019고단2805
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant came to know through the “C” of the cell phone hosting display displays with the victim B (Y, 22 years old) and approximately seven years prior to the Defendant’s 7-year period, and then the Defendant was able to “the remainder of the terms”.

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.

1. The Defendant, from January 2018 to March 2018, took pictures of the body parts of the victim, at the DoMono-dong Incheon Dong-gu, Incheon, Dong-gu's Damo-dong, with the victim’s cell phone camera (galoluos7, serial number E) of the victim’s cell phone camera (galoriluos7, serial number E).

2. The Defendant, among the screen pictures taken by the victim’s body parts, has taken the victim’s body parts by photographing the victim’s contact with him and her in friendly with other males, and taken the victim’s upper half of the screen pictures as mentioned in the above paragraph in a photograph format, and had the victim extracted the voice out of the above screen pictures with his photographic file, and had the victim spread the audio files to the male seat of the victim.

From January 11, 2019 to the 13th day of the same month, the Defendant sent to K message one copy of a bridge file with the victim, which recorded a sound in which the victim’s sexual intercourse with the victim and the victim’s bridge file (No. B: 1.mp3) was recorded, using his/her cell phone, the Defendant sent one photo file to F, G, and H, the victim’s seat, with an I message, and sent one bridge file to J, the victim’s seat.

Accordingly, the defendant taken videos against his will that could cause sexual humiliation or sense of shame, and distributed the videos.

Summary of Evidence

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