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(영문) 광주지방법원 2021.01.15 2020고합346
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

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

A. On March 2020, the Defendant: (a) installed his mobile phone camera on a computer monitor, and taken a sexually related video image with the victim D (V, 43 years old) who was in an internal relationship, so that the Defendant could take a boom direction in the Defendant’s residence in Gwangju Northern-gu apartment B apartment C.; and (b) taken a fluent image of the Defendant’s cell phone camera on the computer monitor.

B. The Defendant installed a mobile phone at the time and place specified in paragraph 1-A. After setting up the mobile phone in the foregoing manner, the Defendant taken the aforementioned victim’s bareboat photographs using the mobile phone photographing function.

As a result, the defendant taken the body of the victim against the will of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

2. On May 30, 2020, the Defendant: (a) transferred the victim’s photograph taken from the scene to the victim’s cell phone on May 30, 202; (b) sent the victim’s photograph taken from the scene to the victim’s cell phone on May 30, 202; and (c) sent the victim’s photograph to the victim’s husband.

“A” transmission of a mobile phone text message was made.

Accordingly, the defendant threatened the victim by using photographs that could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Kakao Stockholm;

1. Investigation report (determination based on the results of digital sirening);

1. Application of Acts and subordinate statutes to the protocol of seizure and the list of seizure (Evidence Nos. 6,8);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Article 14-3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes ( using photographs, etc.).

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