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(영문) 수원지방법원 평택지원 2018.01.25 2017고단1757
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

Punishment of the crime

[Fact-finding] Defendant (a person operating D deliverys in Pyeongtaek-si C) was a person who, around August 2016, up to 13 million won in total as business funds from the injured party from around October 2016 to March 1, 2017, up to the restaurant operated by the victim E (n, 52 years of age) in the vicinity of the above water storages. Defendant (i.e., a person who up to 13 million won in total as business funds from the injured party to March 1, 2017.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On February 28, 2017, at around 01:16, 2017, the Defendant continued to photograph the head of a sexual relation, even though he/she expressed his/her intention to refuse to take the photograph, the Defendant started to have his/her sexual intercourse with the Defendant on the part of the Gel 202 head, which was located in Pyeongtaek-siF, while having sexual intercourse with the victim, with the Defendant, and continued to have his/her sexual intercourse with the Defendant on the part of the Defendant’s cell phone, and the victim expressed his/her intention to refuse to take the photograph.

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

B. On April 4, 2017, around 00:10 on April 4, 2017, the Defendant sent a sexually related video image with the victim, which was taken before Pyeongtaek-si H, to the Defendant’s denied cell phone, and then sent it to the husband in a de facto marital relationship with the victim through I using the denied cell phone.

Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.

2. Intimidation;

A. On March 2017, the Defendant: (a) was committing the crime of noison on the first day of March 2017; (b) from the K point of view of the victim’s operation in Pyeongtaek-siJ around 22:00 on the first day of March 2017, the Defendant would incur the victim to pay the money.

As he urged to do so, he shows the sexual dynamics with the victim stored in his mobile phone, and he is the husband if he causes a complete payment of the amount.

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