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(영문) 대전지방법원 홍성지원 2015.03.27 2014고단692

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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On December 2012, the Defendant taken one time against the victim’s will, at the home of the victim D (Inn, 40 years of age) located in Boan-si C, 102 Dong 402, using smartphones, in which he/she was unable to wear clothes after sexual intercourse.

B. On January 2013, the Defendant, using smartphones at the F agency driving office located in Boen-si E, taken once against the victim’s will, using smartphones, following a sex-related relationship and without location clothes.

C. On September 2014, the Defendant displayed the part of the victim’s chest photographs, and the photographs described in paragraph 1(b) on the part of the victim’s chest on the cell phone Kakao Stockholm that the victim used by the Defendant, or on the part of the victim, on the ground that the victim neglected contact after the separate notification.

2. Around August 2014, the Defendant sent the victim’s cell phone using the victim’s cell phone via Kakakakao Kakao Fero, for the foregoing reasons, and sent the victim’s cell phone with the message “to be informed of not only by telephone, but also by her husband, she will not take a face from Taiwan,” and the victim’s chest, fry, etc. by transmitting a photograph taken by her chest and sound, etc., and then threatened the victim in a way that seems to have expressed an attitude of expressing the victim’s inhuman relationship if she did not talk with her.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., display of photographs using camera, etc.;