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(영문) 대구지방법원 포항지원 2016.03.03 2015고단1313

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

A. On June 20, 2015, the Defendant, on June 20, 2015, taken the victim’s body after completing shower at a bath using the recording function of the cell phone used by the Defendant following the victim’s end-of-life, in a Moel where it is difficult to find out the trade name in the south-gu Ocheon-gu Eup principle at the port on June 16:24, 2015, together with the victim B (the victim’s age 22).

B. On July 11, 2015, around July 11, 2015, the Defendant: (a) taken a shower box from the victim’s body after completing showering in the bath room using the recording function of the cell phone used by the Defendant following the victim, at the motherel where it is difficult to know the trade name in the Yong-gu, Yong-gu, Yong-gu, Yong-gu, Yong-gu, Seoul at port; and (b) the victim’s body after completing showering in the bath room using the recording function of the video of the cell phone used by the Defendant.

2. The Defendant of intimidation, at around 01:00 on August 1, 2015, at the Defendant’s house located in Ycheon-gun, Chungcheongnamcheon-gun, Gyeongcheon-gun, Gyeongcheon-do, the victim was the hedging.

Defendant’s cell phone without Defendant’s contact, “I am, I am, I am at the last card, I am, I am;

쌩 까든 알아서 해, 카드 보내줄 게” 라는 문자 메시지와 함께 제 1 항과 같이 촬영한 동영상을 피해자 휴대전화로 전송하여 동영상을 인터넷에 유포할 것처럼 위협하여 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B (victim);

1. Reports on internal investigation (Attachment of photographs), investigation reports (Attachment of photographs);

1. Application of the Acts and subordinate statutes to the CD as a result of analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which the relevant Act and the choice of a punishment are applicable to the crimes (the occupation of taking pictures, such as a camera, selection of a punishment by imprisonment), Article 283 (1) of the Criminal Act (the occupation of intimidation and the selection of a punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the penal provisions shall apply to concurrent crimes) (the penal provisions shall be deemed to be a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on July 11, 2015, whichever is heavier.