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(영문) 대전지방법원 2020.02.14 2019고단4290
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. They shall not photograph the body of a person who may cause sexual humiliation or sense of shame against the will of the person to be taken, using a camera or other similar mechanism;

On September 9, 2019, at around 03:34, the Defendant taken photographs of the part of the victim’s sound and the part in a state that may cause sexual humiliation or sense of shame against the victim’s will, which was locked with the Defendant’s cell phone camera in the Daejeon Bcom, on a 13-day basis, and the part of the victim’s her her son was taken by video for 13 seconds.

2. The act of distributing, selling, leasing, providing, or openly displaying (hereinafter referred to as "distribution, etc.") photographs or reproductions taken by a person subject to photographing against his/her will, or the act of distributing, selling, leasing, offering, or openly showing such photographs or reproductions against the will of the person subject to photographing, even if it does not go against the will of the person subject to photographing;

Nevertheless, the Defendant, at the above date and place, sent two photographs and one screen image of the victim, which is a photographer taken against the will of the person subject to the filming, to friendly E using the Kakaothy app.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of E and D;

1. Written statements prepared in D;

1. Body or parts of the victim's body confirmed by the criminal tool, and a photograph of the suspect's Kakaooooo photograph;

1. Application of each protocol of seizure and that of seizure list Acts and subordinate statutes;

1. Article 14 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the choice of imprisonment;

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. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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