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(영문) 청주지방법원 충주지원 2018.02.23 2018고단25

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

Reasons

Punishment of the crime

After the Defendant married the victim D on July 26, 1992 with the victim on or around July 26, 1992, the Defendant was legally divorced from around July 12, 2017, and is liable to the victim and his/her family members for divorce as above.

On September 23, 2016, while having been dissatisfied with his book, the victim was traveling to Chungcheongnam-gun E around Sep. 23, 2016, and the victim was able to spread the victim's b body photo taken and kept in the her body.

Accordingly, the defendant, the defendant,

1. While under the influence of alcohol around August 30, 2017, the Defendant changed the phone number using the mobile phone in the name of the mother-friendly F that he/she was in possession to the mobile phone number (H) used by the damaged G, and then sent the victim’s b body pictures to the wife I of the said G, I, the victim, and the victim’s birth, J, ASEAN, and L, etc., in the form of text messages;

2. While under the influence of alcohol on September 1, 2017, using the aforementioned F mobile phone (H), the victim sent the victim’s balone photo to the said G, the victim, and the victim’s Domen M, etc. using the said F mobile phone (H).

Accordingly, the Defendant distributed photographs on a total of two occasions against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Spanish photographs of letters;

1. Requests for provision of communications data and replies;

1. Application of each investigation report (the details of the suspect's telephone call, hearing report on the suspect's telephone statement, review report related to the applicable law, confirmation of the identity of the cell phone number used by the suspect for the crime) and statutes;

1. Relevant Article 14 of the Act on the Punishment, etc. of Sexual Crimes and Article 14 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed on the Punishment of Criminal Crimes (the distribution of objects taken against their will) and the selection of imprisonment;

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

1. There is no sentencing criteria for crimes committed in violation of the Act on the Punishment, etc. of Sexual Crimes on the Grounds for the Sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a camera, etc.)

In this case.