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(영문) 대전지방법원 천안지원 2015.07.07 2015고단866

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 August 2014, the Defendant, in violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking photographs using Cameras, etc.), took a photograph of the body and sound of the victim D (the age of 19) who was laid off, and locked, in his/her place of residence located within the building C, Yannam-si, Yannam-si, with the consent of the victim.

2. On February 28, 2014, at around 01:51, the Defendant sent a message, “At the end, the victim’s body pictures and the victim’s body pictures posted in advance with his/her cell phone, and then threatened the victim with a view to raising the victim’s body pictures on the Internet, as the victim’s body pictures and “at the end, the victim’s body pictures and the victim’s body pictures posted in advance with his/her cell phone are cut off more than once.” At the present, the Defendant posted a notice once with his/her body of the victim’s body of the victim, as desired.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to internal investigation reports (as to the attachment of photographs submitted by the suspect), investigation reports (as to the attachment of photographs and letters transmitted to Kakaox).

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (referring to taking photographs of crimes, such as Camera) and Article 283 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act does not agree with the victim, but considering the fact that the defendant is the first offender

1. If a conviction of a sex offense subject to the registration of personal information is confirmed under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person taking education, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning