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(영문) 울산지방법원 2018.02.01 2017고단4078

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

The Defendant and the Victim C (V, 43 years old) sent the relationship between August 2010 to September 2017.

1. On October 20, 201, at around 00:01, the Defendant taken a photograph of the victim’s body who was divingd in a physical condition by using gallon 5 mobile phones in Ulsan-gu, Ulsan-gu, 303, against the victim’s will.

2. On October 22, 2017, at around 09:30 on October 22, 2017, the Defendant sought F apartment 104, the victim’s residence, and called “the victim, who is front of the house, who is a short-term driver,” called “the victim, who was in front of the house,” and “the victim has found why there was any reason,”

With "I do not see this gender", we unilaterally cut the phone, cut it, send the victim a photo taken out in paragraph 1, and make it impossible for the victim to do so by sending it to the side of the male company.

It shall also have a video and shall be sent to all of the family members or branch members of the width.

“Intimidating the victim,” and at around 13:47 of the same day, the victim’s male-friendly G sent the victim’s b body photo.

Accordingly, the defendant provided others with taking photographs of the body of the victim who could threaten the victim and cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to text messages and damaged photographs;

1. Article 283(1) of the relevant Act on the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a) and the selection of imprisonment with prison labor for the crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The defendant of the marriage with the reason for sentencing under Article 48 (1) 1 of the Criminal Code is inevitable.