logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2021.01.13 2020고단3050
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
Text

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

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

Reasons

Punishment of the crime

1. Around January 26, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., Camera and distribution thereof), and the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (i.e., distribution of obscene materials) (i., distribution of obscene materials) (ii) connected the Defendant’s residence to the Defendant’s DNA account “E” with the Defendant’s DNA cell phone at the Defendant’s home located in Seocheon-si B and C, and posted the video taken by the Defendant of a sexual relationship with the victim F (V, 23 years old), without the Defendant’s consent. Around 27, around 200:31 of the same month, the Defendant posted another screen taken by the victim of a sexual relationship with the said victim without the victim’s consent.

Accordingly, the Defendant displayed obscene images, which could cause sexual humiliation or shame through information and communications networks, openly against his/her will, on a total two occasions.

2. Around January 26, 2019, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (obscenity distribution) connects the Defendant’s cell phone with the Defendant’s “E” account at the above Defendant’s residence with the cell phone at around 23:35.

In addition to the letter "", a woman in the state of body posts a knee kne and knee-keled photo, from that time until May 22, 2020, the obscene image was displayed openly through the information and communications network in total 12 times, as shown in the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Articles 14(2) and 14(1)1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) against criminal facts under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202); Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (a point of display of obscene materials)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty:

arrow