성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
A defendant shall be punished by imprisonment for one year.
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.
Punishment of the crime
The Defendant, with the victim B (V, 22 years old) and the victim who was frighted, had frightened with the victim, had the victim talked with another male-child Gu immediately after the hedging with the Defendant, and had sexually related images taken with the consent of the victim, and had them with the consent of the victim in order to threaten the victim.
1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intimidation on the Use of Images, etc.), the Defendant sent to the victim a message, on June 19, 202, that “the Defendant sent a sexually related video image to the victim and sent it to him/her, sent it to him/her, sent him/her, and bring him/her to the end of his/her inner organ,” etc., with the Defendant’s image caught.
Accordingly, the defendant threatened the victim by using the photographing material that could cause sexual humiliation or shame.
2. On June 19, 2020, the Defendant sent two images of the sexual relationship with the victim to the male-child arrest of the victimized person using Kakakakao Stockholm Stockholm on the light of around 13:52 on June 19, 2020, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Kamera and distribution thereof).
Accordingly, the Defendant provided the victim’s images that could cause sexual humiliation or shame against the victim’s will.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement made by the police against B;
1. Application of the Act and subordinate statutes to the submission of video and message (Evidence No. 4), the Kakao Stockholm message evidence (Evidence No. 13) sent by the Defendant to a witness
1. Article 14-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the crime and Article 14-3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to intimidation using photographs, etc.), Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the provision of photographs which are not contrary to the intention, and the choice of imprisonment);
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.