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(영문) 인천지방법원 2021.03.18 2020고합721
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

From the early May 2020 to the early June 2020, the Defendant was the relationship between the victim B (the victim, 37 years of age, hereinafter “victim”) and the annual relationship.

1. Around May 17, 2020, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), taken pictures of the victim’s sexual organ image by using the Defendant’s camera functions inside the Defendant’s smartphone in the Defendant’s smartphone around 03:00, in the Defendant’s residence located on the Michuhol-gu Incheon Metropolitan City building C.

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

2. The defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intimidation on the use of photographs, etc.) runs against the defendant from around June 16, 2020 to around 22:40 the same day.

말하자, 피고인의 스마트 폰에 설치된 카카오 톡 메신저를 이용하여 제 1 항 기재와 같이 촬영한 피해자의 성관계 동영상을 캡 쳐 한 사진을 피해자에게 전송하며 “ 너 좃될 준비나 해 ㅋㅋ. 니 영상도 있고. 나 니가 내 꺼 빠는 거 영상 있고 그거 올리고 깜 방 갈 거야 ㅋㅋ”, “ 야 나 너 남편 동생 번호 알아냈는데 그냥 거기다

The message called “to send” was sent.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the police’s protocol of seizure and the list of seizure records against the defendant’s legal statement B (a Kakao Stockholm conversation content and photographed articles);

1. Article 14-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14-3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a means of threatening the use of photographs), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera, and selection of

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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