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(영문) 전주지방법원 2017.08.11 2017고단956
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment 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 18:00 on January 21, 201, the Defendant taken the body of the victim, who may cause sexual humiliation or sense of shame, by taking advantage of the Defendant’s mobile phone image recording function, in a manner that the Defendant and the victim C (beenam female, 23 years of age) was off, and sexually related, taken off, and made a photograph of the victim’s body that may cause sexual humiliation or sense of shame, by taking advantage of the Defendant’s mobile phone image recording function.

2. At around February 8, 2017, the Defendant: (a) sent the victim a copy of a photo of the sexually related dynamic image taken by the victim following the victim, such as the victim’s her husband, etc., to the extent that: (b) on February 8, 2017, the Defendant: (c) informed the victim of the defect of telephone; (d) the victim’s refusal of the victim’s demand to meet the Defendant; (e) informed the victim of the fact that the victim was sexually related to the Defendant and the victim’s husband, etc., of the fact that the victim was sexually related to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the revision of the date of intimidation);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283(1) (a) of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Review of the sentencing criteria;

(a) The basic area of the crime of intimidation [the scope of recommending punishment] (the general area of intimidation) (two months to one year);

B. The scope of the recommended sentence according to the majority crime treatment regulations: Crimes for which the sentencing guidelines have been set for not less than two months and crimes for which the sentencing guidelines have not been set.

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