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(영문) 부산지방법원 2015.10.15 2015고단5132

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

1. On October 19, 2014, the Defendant: (a) taken a photograph of the victim’s unknown body and sexual part of the body of the victim, who was in a relationship of internal combustion with the victim D (the age of 47), who drinks alcohol by entering the cel, within the “Cel” located in the Geum-gu Busan Metropolitan City, Geum-gu, Busan, on the first day of October 19, 2014; and (b) taken the victim’s body and sexual part known to the victim.

2. Intimidation;

가. 피고인은 2015. 7. 15. 12:10경 부산 동래구 E에 있는 F 지하주차장에서, 피해자가 다른 사람을 만난다는 것을 알고서 피고인에게 돌아오게 할 목적으로 피해자에게 수차례 전화하여 만날 것을 요구하였으나 피해자가 거절하자 피해자에게 제1항 기재와 같이 촬영한 피해자의 알몸 사진을 카톡으로 보내면서 “내가 사진을 전부 보내겠다. 다 못살게 하겠다. 카페에 니 사진을 넣어놨다, 말을 듣지 않으면 모두 공개하겠다”라고 말하며 피고인의 말을 듣지 않으면 피해자의 알몸 사진을 피해자의 가족과 지인들에게 공개하겠다며 피해자를 협박하였다.

B. On July 20, 2015, around 09:05, at the Defendant’s office located in the Busan Eastdong-gu, Busan, the Defendant sent the victim’s personal body pictures, as described in paragraph 1, to Kaxaxa, and the victim sent the victim’s words “Isn't know about e-mail or family members, Isn't know about e-mail” to “Isn't know about e-mail or family members, I would make the victim’s personal body pictures open to the public to his family members

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the victim Kakao conversation, photographs and photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of evidentiary photographs, etc.);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.