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(영문) 대전지방법원 2017.12.21 2017고단4154
감금등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On May 10, 2017, at around 15:00, the Defendant sent three copies of pictures that cause sexual humiliation to the victim, using the Defendant’s handphones, using three photographs taken by the Defendant and the victim’s sexual intercourse with the victim’s handphones, to create or satisfy his/her own or another person’s sexual desire, within the “E” restaurant where the Defendant was sexually female-friendly victim D (n.e., 55 years old) located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu.

B. On May 29, 2017, at around 17:18, the Defendant sent three copies of the pictures that cause a sense of sexual shame to the victim by transmitting three photographs taken of the victim’s sexual intercourse and the victim’s sexual desire to arouse or satisfy the victim’s sexual desire within H taxi parked in front of the “G elementary school” located in the Dong-gu Daejeon District of Daejeon, Daejeon, by using handphones of the Defendant.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On May 27, 2017, the Defendant sent three copies of the images taken of the victim’s sexual intercourse and the victim’s sexual organ in H-si parking lot located in the Jung-gu Seoul Special Metropolitan City, Daejeon, by using the Defendant’s handphonephones in response to the victim’s intention D. In response to the victim’s intention, the Defendant sent three copies of the images taken of the victim’s sexual intercourse with the Defendant, the victim’s sexual intercourse, and the victim’s sexual organ.

Accordingly, the defendant provided the victim's photograph to a third party against the victim's will.

B. On May 28, 2017, the Defendant sent three copies of the images taken of the victim’s sexual intercourse and the victim’s sexual organ by using handphones of the victim against the victim’s will, in contrast to the victim’s intent, within the area of the Defendant’s residence, which is located in Daejeon Dong-gu L and 101 Dong-dong L, Daejeon, and one Dong-dong 101.

The defendant is against the victim's will.

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