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(영문) 수원지방법원 안산지원 2016.08.10 2016고단1962
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

Criminal facts

1. Around December 26, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a telecommunications medium) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a telecommunications medium) sent a message to the victim D, who is the seat of the above C, to reach a sense of sexual shame by transmitting the victim’s bridge and tamp, etc. of the victim C (n, 27 years of age) who visited the scene on October 23, 2015 and October 31, 2015, using the E language display case to “if the victim D sps several times, one photograph is hick.”

As a result, the defendant provided another person with photographs that could cause a sense of shame against the victim C's will, and sent the above pictures that cause a sense of sexual humiliation to the victim D.

2. The Defendant of intimidation, around December 27, 2015, stored a sex head of a sexual bridge and a video exposed to body from the said home CCTV as a cell phone on the ground that the victim C does not wait at himself/herself at the residence of the said Defendant at around 00:57 on December 27, 2015, and distributed to the workplace rent.

He shows to his parents.

If you want to complete the company, I would like to go without face.

“In the way of transmitting the message to E”, the said victim C was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on closure photographs;

1. Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the distribution of taken materials against the will thereof after the death), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of communications media) and Article 283(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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