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(영문) 수원지방법원 2014.04.11 2013고단6580
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

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

A. On December 7, 2011, at around 04:29, the Defendant installed a small-sized camping cocoin at a house living together with the victim E (n, 26 years of age) in Gangnam-gu Seoul Metropolitan Government, and taken pictures against his/her will, using such camping cocoin, which could cause sexual humiliation or shame.

B. On August 27, 2012, the Defendant sent and distributed video files containing another person’s body, which could cause sexual humiliation or shame, by e-mail by the manager of the adult site “F” at an unsound place.

2. In June 2012, the Defendant sent the screen to the victim’s cell phone by cutting the screen of the video taken by the victim as in the foregoing paragraph 1(a) to the victim’s cell phone, and threatened the victim to spread the video if the victim does not take the part of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. Investigation report (as to the spreading of sexually related video images);

1. Application of Acts and subordinate statutes concerning photographic images;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereafter the same shall apply in force on June 19, 2013); Article 283(1) of the Criminal Act; Article 283(1) of the Criminal Act; Articles 283(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18

1. There are extenuating circumstances such as the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, that the defendant was the first offender, that the defendant deposited a certain amount for the recovery of damage, and that the defendant retired from a company where he had worked for a long time due to the instant case.

However, without the consent of the victim living together, the defendant taken a face of sexual intercourse without the consent of the victim living together, and distributed a photograph after the hedging, and intimidation the victim.

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