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A defendant shall be punished by imprisonment with prison labor for up to six 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
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);
가. 피고인은 2014. 12. 하순 일자불상 01:00경 광주 남구 C에 있는 ‘D’ 모텔 202호에서, 그 무렵 스마트폰 채팅 어플리케이션 ‘즐톡’을 통해 알게 된 피해자 E(여, 23세)가 그곳 침대에 알몸으로 누워 있는 모습을 손목시계형 캠코더로 몰래 촬영하였다.
B. On February 2, 2015, the Defendant: (a) around 03:00 on the first day of February 2015, Gel 307 located in Seo-gu, Seo-gu, Gwangju; and (b) the victim E was locked by the victim E’s body.
was taken in the same manner as the paragraph.
C. On February 2015, the Defendant was on February 1, 2015, at around 01:00.
No. 202, such as Paragraph 1, the victim E can play a part of her body at the contact.
was taken in the same manner as the paragraph.
2. The Defendant of intimidation No. 1-B at 20:00 on February 2, 2015.
At the same place as set forth in paragraph (1), the victim threatened the victim by transmitting the victim’s pictures taken using smartphones to the victim’s smartphones, such as sending text messages “to send to H, send to N., send to N., I, an Internet obscene site,” on the ground that the victim E does not run away.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Seizure records;
1. Application of the content of a smartphone conversation and the Acts and subordinate statutes on the closure of a photograph;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crimes (the occupation of photographing them, such as Camera) and Article 283 (1) of the Criminal Act;
1. Imprisonment with prison labor for choice of punishment;
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. Social service order under Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. A sex offense subject to the registration of personal information under Article 48(1)1 of the Criminal Act shall be confiscated;