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(영문) 전주지방법원 2015.04.15 2015고단126

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

Reasons

Punishment of the crime

On June 2014, the Defendant, while having sexual intercourse with the victim C (the age of 22, female) around 2014, had taken the face of the sexual intercourse with the victim as his/her cell phone and kept the video image. However, on October 2014, the victim was slicked with the Defendant and had his/her new male son who had slicked with him/her.

1. Around November 20, 2014, the Defendant sent the victim’s pictures and videos taken by the Defendant using a cell phone of male-friendly job D at the present time with the victim’s sexual intercourse, which had been taken by the Defendant, through a Kakao Kakao messages, around November 20, 2014.

As a result, the defendant distributed photographs that may cause a sense of sexual humiliation, etc. against the victim's will, using the camera, etc.

2. At around 01:30 on November 20, 2014, the Defendant threatened the victim with the reason why the victim distributed the above photographs by telephone, and then the victim threatened him/her to the reason why he/she distributed them by telephone. In order to report to the police, the Defendant reported to the police that there is no big difference in punishment, regardless of whether he/she distributed them to one person who was aware of the fact in the office of a certified judicial scrivener. A fine of KRW 3 million is within a fine of KRW 3 million, and that he/she would not be subject to punishment, and that he/she would not be subject to punishment within a fine of KRW 3 million. The Defendant threatened him/her to the effect that he/she sent the above pictures to the beauty room customers and his/her children.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Video production CDs transmitted;

1. Seizure records;

1. Application of each statute on the list of seizure;

1. Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the distribution of photographed objects and the choice of imprisonment), intimidation under Article 283(1) of the Criminal Act, and imprisonment with prison labor;