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(영문) 수원지방법원 안산지원 2019.06.14 2019고단1050
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

Punishment of the crime

On May 2018, the Defendant, who was a married couple with the victim B (V, 40 years of age) and currently living separately, used a loan from the victim and requested a divorce from the victim by using the loan. On the other hand, the Defendant was willing to threaten the victim by using sexual relation images with the victim, who is suspected of the external appearance of the victim.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, use and photographing) by photographing;

A. At around 00:00 on December 30, 2017, the Defendant taken visual images of the victim’s sexual intercourse with the victim, using the Defendant’s mobile phone camera function, while having sexual intercourse with the victim, he/she taken a video image of the victim’s sexual intercourse with the Defendant.

B. On March 8, 2018, the Defendant concealed the Defendant’s mobile phone that has turned on a camera’s function in the paper of the instant World Cup created by a small ancestor, at around 23:00, and taken a video image of the victim’s sexual relationship with the victim.

C. Around June 2018, the Defendant concealed the mobile phone of the Defendant who had a camera function on the gambling room under his/her book, and taken a video image of the victim who emitted from the toilet in a state of body after taking a bath. D.

On June 2018, the Defendant concealed the mobile phone of the Defendant who used a camera function in the paper World Cup work created by small daughters at the home of the said Defendant, and taken the image of the sexual relationship with the victim.

Accordingly, the defendant taken four times in total the body of the victim who could cause sexual humiliations or shames through a mechanical device with a camera function, against his will.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, etc. and photographing them); and

A. On February 4, 2019, the Defendant taken a photograph of the Defendant’s cell phone against the victim’s will at a time of the war, from the French and Seo-gu E (Seoul) around 20:45.

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