성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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.
Punishment of the crime
1. On February 2016, the Defendant took photographs against the will of the female by using a mobile phone with the function of a camera, where the victim D (n, 64 years old, 64 years old, and her life) show shower, and the body was cut off by her body and the body was cut off by her body.
2. Around March 2016, the Defendant threatened the victim on the part of the Defendant’s house located in the Jeonju-gun E, the Defendant: (a) determined that the said victim avoided himself/herself and met another male; and (b) sent the victim’s personal body pictures taken by him/her as stated in paragraph (1) to his/her cell phone; and (c) made a telephone call with the victim, stating that “When another person is continued to talk with him/her, he/she will send this photograph to his/her husband.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to D;
1. A complaint;
1. The list of seizure;
1. Application of each statute on photographs;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the occupation of a camera, etc. and the choice of imprisonment), Article 283 (1) of the Criminal Act (the occupation of intimidation and the choice 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 ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Review of the sentencing criteria;
(a) Basic area (two months of imprisonment or one year of imprisonment) of category 1 (General Intimidation) for a crime of intimidation;
B. It is an offense against violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "ameras"), for which the sentencing guidelines are not set.
C. The scope of recommendation under the majority crime treatment regulations: the crimes on which the sentencing guidelines have been set for at least two months of imprisonment and the crimes on which the sentencing guidelines have not been set are substantive concurrent crimes; therefore, the lower limit of the sentencing guidelines is limited.