(영문) 부산지방법원 2017.8.30.선고 2017고단3258 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

Reasons

Criminal facts

The Defendant is a victim B (n, 25 years of age) and a physician from around November 2013 to around January 2017, 2017. 1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amera, etc.)

The defendant taken the form of sexual intercourse with the victim by using the audio image function of multi-media smart home (m media smart home) in his dwelling room located in the Busan Jin-gu C building 701 of Busan Jin-gu around 2016.

Accordingly, the defendant, using a camera or other similar mechanism, had the body of the victim who could cause sexual humiliation or sexual humiliation against his will.

2. Intimidation;

On February 23, 2017, from around 12:37 to February 27, 2017, the Defendant sent text messages to the victim’s cell phone of the victim who does not take the victim with his intention to take the victim’s hedging, and then sent the victim’s photograph to the victim’s cell phone that “I will spread and die in the surrounding area if I do not leave until 12 days,” and “I send the photograph of the chest and the sexual organ taken,” respectively, and transmitted the victim’s photograph to the victim’s D, to the victim’s fluencing photo of the victim and the victim’s sexually related video, to the victim’s fluencing photo of the victim’s sexual intercourse, to the victim’s flucing photo, and to the victim’

Accordingly, the defendant threatened the victim as if the victim did not send his/her photo on the part of the victim's body body, but he/she spreads his/her sexual relation pictures, etc. to the surrounding persons.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Complaint;

1. Application of text messages to Acts and subordinate statutes;

1. Article applicable to criminal facts;

Article 14(1)(a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 283(1)(a) of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Article 62(1) is the first offender, taking into account the fact that the defendant is committing the crime and is in depth.

1. Order to attend lectures;

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sexual crime subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.