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
1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), took a photograph of the victim’s booming the bath by using a mobile phone camera function at the mother telecom with which it is impossible to know the name at the time of unknown on April 2013.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.
2. On February 4, 2014, after being notified by the victim as described in the above paragraph (1), the Defendant sent a text message stating that “five million won or more shall be changed” to the victim’s b body photo and “five million won,” which was stamped by using the cell phone at a place where no identification is available at around 12:15, which was after being notified by the victim as described in the above paragraph (1), and the Defendant sent the text message to the victim, stating that “the victim would disclose the b body photo without informing the suspect of the five million won of the telephone.” However, the victim rejected the message and reported it to the police.
Accordingly, the Defendant got the victim to leave the property, but did not commit an attempted crime.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Statement made by police in relation to C and D;
1. Application of Acts and subordinate statutes to data submitted by victims, evidentiary materials, translations and translations;
1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Articles 352 and 350(1) of the Criminal Act; the choice of imprisonment for a crime;
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;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;