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(영문) 대구지방법원 2017.07.18 2017고단1663
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On December 20, 2016, the Defendant taken pictures of sexual intercourse with the victim using his/her mobile phone against the will of the victim D (D, female, and 23 years old) who sexual intercourses with the victim at the hotel room where it is impossible to know the trade name in the Busan Ma-dong, Busan Ma-gu Ma-dong, Busan Ma-dong on December 20, 2016

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

2. On January 14, 2017, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.: (E) using the e-mail account (F) of the Defendant at an unspecified place; (b) e-mail account of the victim; (c) e-mail account of the victim:

Along with the transmission of the phrase “ knowingly known to be a video,” a total of 22 times from the time of the transmission to January 20, 2017, such as the statement in the list of crimes, sent the text that arouses fear and apprehension to the victim.

As a result, the Defendant repeatedly sent words or images that arouse fears or apprehensions to the other party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Complaint;

1. A protocol of seizure and a list of seizure;

1. E-mail-related video and e-mail output;

1. Application of Acts and subordinate statutes to investigation reports (the e-mail dialogue between the suspect and the victim);

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crime and Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (a point of using and photographing cameras, etc., choice of imprisonment), Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Use of Information and Communications Network and Protection, etc. (a repeated transmission, such as words causing uneasiness, etc., and a choice of

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

1. Article 62(1) of the Criminal Act (a) provides that the Defendant appears to have the attitude of confession and reflect on all crimes.

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