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(영문) 부산지방법원 2019.02.13 2018고단5340

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around November 2018, the Defendant came to know with the victim B (V, 31 years of age) and entered into an internal relationship.

1. Around September 2018, the Defendant, such as a camera, taken a picture of his “gallon A(A)-7” cellular phone with a gallon function located in the Busan Jin-gu, Busan at the “D” telecom, and taken a gallonic image with the victim, around one day from September 2018.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

2. Intimidation: (a) around 15:00 on November 8, 2018, at a place where Busan could not be known; (b) the victim expressed his/her intention by decision; (c) the victim’s text message of the mobile phone “E” was sent to the victim, along with the instant text message stating, “finite her husband at night” and “finite on the Korean web,” and the Defendant expressed his/her attitude to inform other persons of the relationship between him/her and the victim’s internal relations by transmitting the photograph of the video taken as above; and (d) from that time, the Defendant threatened each victim on five occasions as shown in the attached list, from November 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning B;

3. Statement of seizure by each police;

4. Report on results of analysis of digital evidence;

5. Details of use of mobile phones and text messages;

6. Each image photograph of a mobile phone;

7. Images stored in the CD;

8. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Body photographing, such as a camera: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) point of intimidation: Article 283 (1) of the Criminal Act;

2. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment.