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(영문) 창원지방법원 2016.03.31 2015고단3254
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

Criminal facts

1. On April 23, 2015, at around 13:00, the Defendant taken a short part of the victim’s bridge in front of the bus stops located in the Busan City bus Terminal B using the Defendant’s smartphone, and posted the photograph as “E” on the Internet bulletin board of the “D” by using the Defendant’s smartphone, and displayed it as “E” in the title of “F”, as shown in the attached list of crimes (1) as shown in the attached list of crimes. From May 1, 2015 to September 13, 2015, the Defendant displayed the victim’s body against the victim’s will that might cause sexual humiliation or shame, and displayed it openly on 27 occasions in total, using the camera or other similar devices equipped with similar functions.

2. On June 7, 2015, around 15:34, 2015, the Defendant displayed a photograph of the victim’s body pictures, etc. five times in total from Jun. 7, 2015 to Aug. 30, 2015, on the victim I (n, 37 years of age) who had a relationship with the Defendant at the time with the Defendant, using his/her own smartphone, taken a photograph of the Defendant’s cell phone using the Defendant’s smartphone, and displayed the photograph against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each statement of K and L;

1. Application of each statute on photographs;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of photographing another person's body against the latter's will or displaying his/her photographic body by using a camera, etc.) and Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of displaying another person's body after photographing it by using a camera, etc.) concerning

1. Selection of penalty:

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