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(영문) 광주지방법원 목포지원 2013.06.27 2013고단718
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

Reasons

Punishment of the crime

1. The Defendant took photographs of the victim’s sexual organ with the victim C living together with sexual Nam-si around the time of A on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases concerning the Punishment, etc. of Sexual Crimes”) against his/her will, by using the gap in which the victim was locked, the victim’s sexual organ with his/her cellular phone, which might cause a sense of sexual shame.

2. On June 24, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) posted the victim’s sexual photo, etc. taken as described in paragraph 1 on the “Kakakakaio”, which was provided by the Plaintiff by using his/her cell phone phone (D) to the victim’s sexual photo, etc. on the victim’s sexual photo, etc., taken by him/her from May 201 to June 24, 2011, while living together with the victim from May 2011 to his/her monetary problem. The Defendant posted the victim’s sexual photo, etc. taken by the victim’s report to the effect that the victim’s sexual photo, etc. does not appear in the Laka.

7. At the beginning, the victim’s sexual photograph, etc. taken by using the aforementioned mobile phone devices, once again posted the victim’s sexual picture, etc., as described in paragraph 1.

Accordingly, the Defendant displayed obscene images openly through information and communications networks.

Summary of Evidence

The application of the defendant's legal statement, the police's statement to C, the Kakao photographic statute

1. Relevant legal provisions concerning criminal facts: Taking pictures using selective cameras of imprisonment with prison labor: Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012): Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

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

3. The sentence applicable to the crime of paragraph 1 of the crime as to whether the order was issued concurrently.

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