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(영문) 의정부지방법원 2014.09.23 2014고단2087
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2014, the Defendant taken photographs of the body of the victim who may cause sexual humiliation or humiliation against his/her will by taking pictures of his/her sexual intercourse with the victim C, using the Defendant’s smartphone with the inside of his/her own Cheongyang-si, Nam-si’s Cheongyang-si, and by taking the sexual intercourse with the victim C, using the Defendant’s smartphone with the inside of the Kamera function.

2. The Defendant violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., refers to the Defendant’s home located in Namyang-si, Namyang-si, and transmitting a photograph of the victim’s face stored in his/her smartphone to the victim’s cell phone from the time when he/she saw with the victim C in an internal-related relationship with him/her, and listens to the victim’s frightingly dialogue with others, and then

5. Until November, 198, all of them sent letters, pictures, etc., which arouse uneasiness or fears, by using their own smartphones, into the cell phone of the victims, throughout eight times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of seizure of each police;

1. Application of the Acts and subordinate statutes to photographs and text messages;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (a point of being used and taken photographs of camera, etc.), Articles 74(1)3 and 44-7(1)3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (a point of repeated transmission of

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The defendant has reasons for sentencing under Article 48(1)1 of the Criminal Act.

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