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(영문) 의정부지방법원 고양지원 2018.08.23 2018고단925
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant and the Victim C (45 years, women) were related to the relationship from 2006 to 2008.

On September 2016, the Defendant discovered the victim's mobile phone numbers using the function of htp//daum.ne (htp) after the Internet site, and had the victim talked to communicate with the victim.

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection shall allow any person to reach another person repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, on September 13, 2016, the Defendant sent a written message to the victim’s mobile phone using the Defendant’s mobile phone at a place where it is unknown at around 18:13, the Defendant sent the victim’s text message at least 60 times in total, as indicated in the list of crimes in the attached Table, from around that time to November 13:12, 2017.

Accordingly, the defendant reached repeatedly the text that arouses fears or apprehensions to the victim through information and communications network.

2. On November 29, 2017, the Defendant: (a) set up a victim’s upper half of his body photograph, which was taken with the consent of the victim at a place where it was unknown at around 15:24 on November 29, 2017, with the victim’s consent at the time when the victim conspireds with the victim; (b) sent a message to F, who is the victim’s wife E and E, the victim’s wife, “public peace”; and (c) made the victim’s upper half of the body photograph.

Accordingly, the Defendant distributed the victim’s photograph that could cause sexual humiliation or shame against his will.

3. The defendant of intimidation is a mobile phone of the victim at a place where it is unknown on November 29, 2015:37.

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