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(영문) 제주지방법원 2015.10.07 2015고단837

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 14, 2014, the Defendant in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent a text message to the victim C (the 44 years of age), stating that “I have no interest in drinking, I will see whether I will do so; and (b) the victim sent the text message to the victim; and (c) the victim sent it to “I would see that I would see that I would see that I would see how I would see? I would see how I would see? I would see how I would see and know to the company,” and then sent it to the victim’s cell phone on 15 occasions in total, as indicated in the attached list of crimes, by transmitting the victim’s text and photograph to the victim’s cell phone during the period from September 25, 2014 to September 25, 2014.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 2014. 9. 25. 20:12경 제주시 내에서 위와 같은 이유로 피해자와 사귈 때 촬영해 두었던 피해자의 젖가슴 사진을 피해자의 전 남편인 D의 휴대폰(E)으로 전송하는 등 사후에 피해자의 의사에 반하여 그 촬영물을 제공하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of photographs and letters), investigation report (the confirmation of transmission of chest photographs by the complainant);

1. Relevant legal provisions concerning facts constituting an offense, Articles 74 (1) 3 and 44-7 (1) 3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of arrival of language and text, such as an open trial), Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service work Article 62-2 of the Criminal Act;