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(영문) 창원지방법원마산지원 2020.12.04 2020고합88
성폭력범죄의처벌등에관한특례법위반(촬영물등이용협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From February 2019, the Defendant had a relationship with the victim B (V, 48 years of age).

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

A. On April 2019, the Defendant, while engaging in sexual intercourses with the victim at the mutual influorial telecom, taken pictures of the victim’s sexual act against the victim’s will by using the recording function of the cellular phone.

B. Around June 2019, the Defendant, while doing sexual intercourse with a victim in a mutual influorial telecom, taken a video image of the victim’s sexual act against the victim’s will by using the recording function of the video of the cellular phone while doing sexual intercourse with the victim.

C. Around July 2019 to August 8, 2019, the Defendant took pictures of the victim’s sexual act against the victim’s will using a video recording function of the cell phone while sexual act with the victim was committed at the invirative telecom in the fluence of the Defendant’s sexual act.

Accordingly, the defendant taken three times against the victim's will the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera.

2. Around 18:20 on May 26, 2020, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intimidation on Use of Images, etc.) operated a mobile phone with the intent to show sexual dynamic images, such as Paragraph 1, which the victim stored in his/her mobile phone on the ground that he/she refuses to meet, in his/her own vehicle within an underground parking lot, and caused the victim to drink with the victim by stating that “I will send sexual dynamic images to her husband.”

Accordingly, the defendant threatened the victim by using a photographic device that could cause sexual humiliation or shame.

3. The Defendant who received the attempted confinement is at the D apartment parking lot in the Changwon-si, Msan-si, Changwon around 10:30 on June 5, 2020.

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