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(영문) 부산지방법원 서부지원 2020.04.28 2019고단2538
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant worked as a person in charge of the construction site of building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "ameras, etc.") against non-exclusive photographing;

A. On November 4, 2018, at around 23:56, the Defendant taken videos using his/her mobile phone camera image recording function without obtaining the consent of the victim, who was exempted from clothes after sexual intercourse in the above residence.

B. On December 28, 2018, the Defendant, at around 16:00 on December 28, 2018, activated his/her mobile phone photographing function, and took a photograph of the body of the victim against his/her will using a camera or other devices equipped with similar functions, such as taking screen pictures of the body of the victim who was released from a toilet and put him/her on a brupt rail, and completing his/her bathing, and taking the body of the victim who could cause sexual humiliation or sense of shame.

2. Around January 13, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Useing and Screening of Cameras, etc.) regarding the display of photographs, on the screen of the Defendant’s body, using his/her mobile phone, posted a photograph taken of the body of the victim, while putting him/her under the name of the Defendant on the face of his/her cell phone, and openly displayed the photograph taken of the body of the person who may cause sexual humiliation or shame, using a mechanical device similar to this, such as a camera, etc., to the public.

3. The Defendant, on January 1, 2019, sought a talk from the victim who returned to Vietnam on the first day of January 2019, to the victim, who talks with him;

(a) On January 7, 2019, around 16:48, the victim’s collection is made by using the ZALO case installed in the Defendant’s cellular phone at Flux.

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