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(영문) 창원지방법원 마산지원 2021.02.05 2021고합3
성폭력범죄의처벌등에관한특례법위반(촬영물등이용협박)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

The Defendant was in de facto marital relationship with the victim B from August 2015 to August 20, 2020.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use, photographing, distribution, etc., such as cameras);

A. On August 9, 2020, the Defendant, at around 01:20 on August 9, 2020, taken a photograph of the victim’s body using the recording function of cell phone pictures to the victim, who was divingd at the victim’s body located in Changwon-si Mapo-si C.

B. On September 2, 2020, around September 2, 2020, the Defendant: (a) exceeded the clothes of the victim under the influence of alcohol at the Defendant’s home located in Changwon-si, Masan-si; and (b) taken the body of the victim using a photographic function of mobile phone pictures.

Accordingly, the defendant taken several times against the will of the injured party, using devices similar to the camera, which could cause sexual humiliation or shame.

2. A defendant in violation of the Act on the Punishment, etc. of Sexual Crimes (Intimidation on taking pictures, etc.) sent pictures set forth in paragraph (a) to the victim 1 to Kakakaook on September 10, 2020 on the ground that the defendant's house located in Changwon-si, Maman-si D requires the victim to take the hedging, and sent pictures set forth in paragraph (1) to the victim at around 05:59 on September 11, 2020. On the same ground, the defendant sent the victim a Kakaook to the victim at the same place for the foregoing reason.

The message and the photograph shown in Section 1(b) were sent to the message that if the creative volume was similar, Nararara made, and it was softened that he wants to do so, it would be so, so far as possible, so that he would be well formed, and only save on this case’s ice.

Accordingly, the defendant threatened the victim by using the photographing material that could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure against B of the police statements;

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