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(영문) 부산지방법원 2014.08.20 2014고단4760

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A fine of KRW 5,00,00 shall be imposed on each of the crimes listed in the judgment Nos. 1 and 2.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to a suspended sentence of one year and two months in the Busan District Court for special larceny, etc. on May 4, 2014.

1. From February 13, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc.: (a) on August 30, 2012, when there was an internal relationship with the victim C (here, 44 years old); (b) on August 30, 2012, the said internal relationship was discovered; and

그 후 피고인은 2013. 겨울 무렵 피해자가 피고인과 헤어지려 하고 남편과 재결합을 하려는 태도를 보이자 이에 불만을 품던 중, 2014. 3. 3. 01:14경 불상의 장소에서 피해자에게 “ㅎㅎ 경찰 ㅎㅎ 구청직원하고 같이 가께잉”이라는 내용의 카카오톡 문자를 전송한 것을 비롯하여 그 때부터 2014. 4. 20.까지 피해자에게 33회에 걸쳐 별지 범죄일람표 기재와 같이 배우자 있던 피해자가 피고인과 불륜관계에 있었던 사실을 피해자의 직장에 알리거나 피해자와의 성관계 당시 피해자의 신음소리 및 사진 등을 타인에게 유포하겠다는 내용의 카카오톡 문자, 음성파일, 사진파일을 전송하였다.

As a result, the Defendant repeatedly sent words, pictures, and phrases that arouse fears or apprehensions to the victim.

2. Around May 16, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”) taken pictures of a smartphone, which has a camera function at the victim’s home located in Busan Dong-gu, Busan, for cremation, installed in a place near the cremation room in which the victim was laid off, and sexual intercourse with the victim against the victim’s will.

3. On May 8, 2014, the injured Defendant: (a) 20:25, on the 2nd restaurant of “G” located in “G” located in Busan Jin-gu, Busan on the ground that the victim considered himself/herself as damp; (b) was shaking the victim’s head by cutting off the victim’s head by hand; (c) was bluscing the victim’s head by hand and head by hand; and (d) was the victim’s bluscis.