성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is an employee working in the mutual straw of “D” in Gangnam-gu Seoul Metropolitan Government, and the victim E, who is a family head, and the customer around July 2014, became aware of the fact that he/she had sexual intercourses over several times from that time.
1. On July 28, 2014, the Defendant set up a cellular phone of the Defendant before having sexual intercourse with the Defendant at Gelon in Seoul, Jung-gu, Seoul, with television at the Gelon-gu, Jung-gu, Seoul, and recorded the victim’s faces of a sexual intercourse with the Defendant.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phones against his will.
2. On August 2014, the Defendant attempted to go to the early gallony department of Gangnam-gu, Seoul, Sgalian, the Defendant sent the victim’s visual images to Kakaoooox on the road in front of the gallonyian department store of Gangnam-gu, Seoul, and told the victim that “I will disclose our relationship to our family members if I would like to give the victim with money so that I would be able to live.” On October 2014, the Defendant sent the victim’s visual images taken as above and the victim’s photo taken from the gallony seat of the Defendant and the victim’s photo 120 million won, while I would like to discuss our relationship with her husband and his/her father.
The victim, such as 'the word', 'the victim frighted.
As a result, the Defendant attempted to receive property by threatening the victim, but the victim did not receive the above money, so that he did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to a investigative report (the screen of a Kakaoogle and the screen of a Kaoooox);
1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 352 and 350 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The Criminal Act among concurrent crimes.