logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.18 2017고단1583
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. At around 02:00 on July 7, 2015, the Defendant was in possession of the “C hotel” hotel located in Seocho-gu Seoul Metropolitan Government, with the victim D (V, 28 years old), and was in possession of the hotel.

When gallon ju, the victim's body was taken by a mobile phone with a 6 mobile phone.

Thus, the defendant took photographs of another person's body, which may cause sexual humiliation or shame, using devices similar to the camera, against his will.

2. On July 8, 2015, at the F point office located in Seocho-gu Seoul Metropolitan Government, around 18:57, the Defendant visited G, an adult obscene material website, stored only the part of the damaged women’s body from among the videos taken as described in the foregoing paragraph (1) with a photograph, and then posted a notice to the victim under the title “H” bulletin board.

Therefore, the Defendant: (a) filed a public prosecution by deeming the victim’s body photographing taken by the victim against the victim’s will as falling under “distribution” under Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) however, “distribution” under the aforementioned provision refers to granting free of charge to an unspecified or many unspecified persons; (c) such posting on the Internet web bulletin board, which does not involve the transfer of possession, should be deemed as falling under “distribution.”

In this part of the facts charged, recognizing “distribution” as “public display” and deeming that it does not substantially disadvantage the defendant’s right to defense, thereby recognizing the facts constituting an offense as above without the amendment process.

was made.

3. On June 16, 2015, the Defendant visited the said “G website” website at the same place as the foregoing Paragraph 2 of the same Article, and written as if he/she had sexual intercourses with the female employees of the company with the hotel, under the title “2 of the company’s female employees”, with the intention to excessively present his/her sexual ability in an anonymous space.

arrow