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(영문) 창원지방법원 마산지원 2018.11.30 2018고단712
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

The defendant is between the victim C (ma, 68years) and the victim from around 2014 to the domestic relationship.

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

A. On January 2014, the Defendant taken photographs of the victim’s seated by using a cell phone with a camera function in the “Eel” room located in the Haak-gun, Gyeongnam-gu, Gyeongnam-do, and then taken pictures against the victim’s will.

B. On January 2015, the Defendant taken photographs of the victim’s cell phone with a camera function in the victim’s residence located in F of the Haak-gun, Gyeongnam-gun, Gyeongnam-do, against the victim’s will, using the cell phone without location of clothes.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame on the part of another person by using a mechanical device with a camera function twice.

2. On October 21, 2015, the Defendant assaulted the victim’s left side her arm’s length and her bridge up to three times on the ground that the victimized person was not in contact with the Defendant in his/her residence, and that he/she was not in contact with the Defendant in order to hedge the Defendant. In addition, the Defendant used the victim’s her front side and her bridge on a single-time basis.

3. On February 4, 2018, the Defendant, in violation of the Act on Intimidation, Promotion of the Use of Information and Communications Network and Information Protection, Etc., sent the victim’s text message using his/her cell phone to “if he/she does not ask the victim at present, he/she shall send the victim a photograph of this (if he/she does not ask the victim at present)” and then, from around that time to March 18:17, 2018, 11 times in total, including the text message and G message, as indicated in the list of crimes in the annexed crime list, repeatedly sent the victim a warning of harm to the victim, thereby threateninging the victim.

Summary of Evidence

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