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(영문) 인천지방법원 2020.01.22 2019고단7664
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is between the victim B (the family name, the female, the age of 33) and the victim B from February 2018 to May 2019.

1. Around February 2019, the Defendant, at the residence of the above victim in Gyeyang-gu Incheon Metropolitan City, displayed two photographs exposed to the victim’s chest using the Defendant’s mobile phone to the extent that he/she had taken and transmitted the victim’s body pictures, such as the victim’s chest and satch taken by himself/herself or with the victim’s consent, and displayed them openly to many and unspecified persons.

In this respect, the defendant distributed photographs that do not go against the victim's will at the time of photographing against the victim's will.

2. Around February 2019, the Defendant, at the main point of “F” located in Gyeyang-gu Incheon Metropolitan City, made a man with a name-free male who became aware of D through D’s “G” community in Gyeyang-gu, and performed drinking together with the said victim, let the said victim flick the sexual organ of the said man by entering the game, and taken the face of the said similarity with a mobile phone camera against the victim’s will.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement B to the police officer protocol;

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes (the distribution of photographs, the choice of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs, such as cameras, 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 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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