성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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.
Punishment of the crime
The defendant was divorced by the judgment of divorce on October 14, 201, when the defendant was living as the married couple after the marriage was reported on February 12, 2001 with the victim B (n, 37 years of age).
1. Around November 2010, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took a photograph of the body body and parts of the body of the victim using the mobile phone camera functions of the Defendant when the victim locked himself/herself.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
2. On June 26, 2016, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent a text message stating that “the Defendant, etc. of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., sees the victim’s cell phone, i.e
7. From the date of June to the date of the crime list, the letters, photographs, etc. that arouse uneasinesss over 155 times were sent to the victim repeatedly.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to report internal investigation;
1. Relevant legal provisions concerning facts constituting an offense, and the choice of imprisonment with prison labor each pursuant to Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including the fact of repeated transmission of text and text causing danger, such as an open trial; hereinafter the same shall apply)
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. The punishment, etc. of sexual crimes committed by an order for probation and education;