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(영문) 대전지방법원 천안지원 2016.09.02 2016고단1118
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

(a) transmit balone photo;

As a result, the defendant threatened the victim as if he would cause harm by transmitting the victim's body photographs and sound files recorded in sexual relations to her husband.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Each photograph, CD;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of possession of cameras, etc.) and Article 283(1) of the Criminal Act and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : (a) the basic area (two to one year) of category 1 (two to one year) (no special person) is set up; (b) the sentencing guidelines are not set for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on the Punishment, etc. of Sexual Crimes) (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) (a violation of the Act on the Punishment, etc. of Sexual Crimes). (c) The sentencing guidelines are not set. (d) The defendant taken the body of the victim without consent, but the defendant transmitted it to another person and made intimidation the victim; (d) the defendant reflects the time of and mislead the crime;

Where a conviction becomes final and conclusive with respect to a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is subject to the registration of personal information, it 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.

The age, occupation, risk of recidivism, and crime of the defendant exempted from the disclosure order or notification order.

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