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(영문) 부산지방법원 2013.09.25 2013고단4247

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:00 on December 17, 2012, the Defendant installed the cell phone apparatus of the Defendant at the Defendant’s home located in Busan Jin-gu C on television at the victim D (n, 45 years of age) and installed the Defendant’s cell phone apparatus at the Defendant’s home located in Busan Jin-gu C, and taken the Defendant’s body against his will, by photographing the body of the victim with a similar function as a camera, which could cause sexual humiliation or sense of shame by using a device with a similar function as a camera.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall allow any person to repeatedly reach another person the code, words, sound, image image which arouses fear or apprehension through information and communications networks;

On February 19, 2013, at the defendant's house located in Busan, Busan, Busan, on the ground that the victim D was not only the defendant, at the defendant's cell phone located in Busan, the defendant sent the victim's cell phone with the victim's mobile phone using his mobile phone device to Kakaox message with the victim's sexual intercourse with the victim's cell phone, and sent the victim's photo by taking part of the video that the victim had sexual intercourse with the victim, and sent it to the victim five times in total by March 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning text messages and Kakaoooooooof course sent by the suspect, to photographs and sexually related video images;

1. Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts, Articles 74 (1) 3 and 44-7 (1) 3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of repeated months, such as text that arouses the public peace, etc.) concerning the relevant criminal facts;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.