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(영문) 춘천지방법원 강릉지원 2017.04.27 2017고단211
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2016, the Defendant met the Victim C (Woo, 39 years of age) who is a female, and 1 year and 2 months old. While she was dead, the Defendant frequently disputed on the ground that she had another male even while she was dead.

1. On August 28, 2016, the Defendant provided the victim with a photo taken by the victim’s upper half of the body of the victim, who might cause a sense of shame to E, using a cellular phone, in order to prevent the victim from talking with his/her related persons E at around 00:11 on August 28, 2016, by posting the photo taken by the victim’s upper half of the body of the victim, who might cause a sense of shame to E in a video room between the Defendant and the victim, against his/her will.

2. On November 3, 2016, the Defendant refused to leave the phone in order to comply with the victim’s contact with another male. On the ground that the victim did not receive the phone, the Defendant returned to the residence of the victim of Gangnam-si G and that he did not receive the victim.

The defendant did not comply with the request for withdrawal of the victim without justifiable grounds until the victim filed a report 112 on the same day, even though he/she received a request from the injured party during the dispute with the victim at the above place, around 2:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A protocol of seizure and a list of seizure;

1. To file a internal investigation report (to attach the victim's b body photographs made up by the victim and E at the victim's rooms room of the F organization), investigation report (to refuse to leave the suspect, to attach violence-related files CDs, etc. -) and to the application of CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 14(2) and (1) (which provides photographs) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(2) and (1) (which does not comply with eviction) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of sexual assault crimes committed to attend lectures;

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