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(영문) 대구지방법원 2017.07.18 2016고단6563
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On July 2015, the Defendant sent the victim, who became aware of an agreement to exchange the land owned by the Defendant and the land owned by the victim D (the age of 47) with the land owned by the Defendant, after photographing the chest and a negative part of the Defendant’s land so as to make it difficult for the Defendant to increase the price of the land owned by the Defendant.

In other words, the Defendant was provided with the chest and sound photograph of the victim who was her body and the victim’s cell phone.

around 13:00 on September 10, 2015, the Defendant distributed obscene images via the information and communications network by transmitting the victim’s b body pictures received from the injured party’s victim’s victim’s b body pictures to G via H Messen.

Summary of Evidence

1. The defendant's partial statement (the purport that he/she has transmitted photographs received from the damaged person to G is true);

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Complaint;

1. Each letter;

1. Investigation report (usb mobile analysis result report) - Application of victim photographic Acts and subordinate statutes;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the punishment of imprisonment, or the choice of punishment;

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

1. Article 62-2 of the Social Services Criminal Act provides that “The Defendant and his defense counsel shall not distribute the instant pictures to G, which are the place of the Defendant’s delivery. However, in light of the relationship between the Defendant and G, the relationship between the victim and G, the process of the Defendant’s transmission of pictures to G, the process of the Defendant’s presentation of the said pictures to G, and the circumstances leading up to the Defendant’s presentation of the said pictures to G, even if the Defendant transmitted pictures to G only,

As such, the above argument of the defendant and his defense counsel is rejected.

The reasons for sentencing include the following specific circumstances, the age, sex, family environment, and the circumstances before and after the crime.

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