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(영문) 제주지방법원 2020.12.23 2020고단2312
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From around 08:00 on August 13, 2019 to 09:00, the Defendant taken photographs of the victim's unknown body using the Defendant's smartphone camera in the process of sexual intercourse with the victim D (ma, 36 years of age) first met through Twitter in the Defendant's dwelling located in Seoan-gu building B building B in Seoan-gu, Seoan-si.

After that, on September 5, 2019, the Defendant posted the victim’s protogram at Twitter on September 5, 2019, on the ground that the victim prevented contact with the Defendant after the above sex relationship.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against the will of the person to be taken, and displayed the photographs so taken.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs by capturing a chief of a complaint, a victim's bridge photograph, and a conversation with a text message;

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) and Article 14 (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against the above criminal facts, which are sex offenders subject to registration, becomes final and conclusive, as prescribed in Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main text of the Welfare of Disabled Persons Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on

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