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(영문) 창원지방법원 밀양지원 2018.11.08 2018고단136
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal records] On February 12, 2015, the Defendant was sentenced to the suspension of the execution of 8 months in the Daegu District Court for a violation of the Punishment of Tax Offenses Act, and the judgment became final and conclusive on February 24, 2015.

[Criminal facts]

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), marks the victim’s photo on the ground that the victim C (the 54 years of age) was not able to repay the amount of KRW 25 million borrowed from the Defendant, at the mutual influence B, in which light of the name of the Defendant, and that the victim C (the 54 years of age) was not able to receive money from the victim and her husband, and as such, to send the victim’s photo to the public.

After having the victim off clothes with "I wish to erase when he has repaid money," he taken the victim's face and upper half of the victim's face with the cell phone camera of the defendant, and thereafter displayed the above photograph to E on February 2014 from the Hayang-si D Hayang-si D.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will, and provided the photographer.

2. On December 6, 2013, at around 08:03, the Defendant sent the victim F (58 years) who is the husband of the said C a written message to the victim F (58 years old) who is the husband of the said C at a non-finite place, “Is that she would not have any need for finite F, and will be informed by the tenth day. I would ask his her her her me, how she would be how she will be asked her me? If he would be resolved by 10 days after delivery of the photograph, then sending the victim’s her text message “Is that I would be asked for an investigation on the day of transmission of the photograph,” and if the Defendant would not send the victim’s her text message repeatedly to the Defendant, such as the 1 to 26th day of the annexed crime list, then he would spread C’s her body photograph over the total amount of KRW 500 million on December 31, 2013, KRW 1718.

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