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(영문) 부산지방법원 2018.02.12 2017고단6242

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten 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 would arrange the relationship with the defendant in order to harmonize with the husband who was the victim C (33 Do, women) and the husband who was the internal relationship with the victim on November 2017.

In order to threaten the victims of sexually related video images taken with the previous victims of the defect.

From October 24, 2017 to November 15, 2017, the Defendant: (a) had sexual intercourses with the victim at the victim’s home located in the Eel, Busan Felel, Busan-gun located in Busan-gun on several occasions; (b) had stored and stored the video images and photographs taken by the victim’s sexual intercourse head, etc. in his/her cell phone with the consent of the female on several occasions; and (c) had the video and photographs taken by the victim on his/her cell phone from November 25, 2017 to November 15:20, 2017; and (d) had distributed the video images and photographs taken by transmitting the victim’s sexual intercourse seven and five photographs to H, the husband of the victimized person, by I message against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by C and H;

1. Application of Acts and subordinate statutes to investigation reports (victims and I conversations submitted by witnesses and video images);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

2. Article 62(1) of the Act on the Suspension of Execution (a) of the Criminal Act provides that a person who sent images and photographs that may cause a significant sense of sexual humiliation to her husband, thereby causing severe mental pain to the victim is disadvantageous.

Provided, That the execution of imprisonment shall be suspended in consideration of the fact that the victim repeatedly wants the wife of the defendant, and that there is no previous conviction exceeding the fine).

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

4. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's age, occupation, and occupation);