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(영문) 대전지방법원 논산지원 2015.05.08 2014고단488
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On July 14, 2014, the Defendant: (a) taken the victim, who was divingd in the state of body using the victim E (E and 34 years of age)’s cell camera function in the guest room located in Sinju City, 602; and (b) transmitted it to the victim’s female-friendly mobile phone F.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the cell phone camera, against his will, and provided the photographer.

2. On July 14, 2014, from around 16:32 to 19:06, the Defendant, using a mobile phone text message from the Defendant’s residence located in Chungcheongnam-gun G, the Defendant saw that “the Defendant was frighter to know that the Defendant is a male. If the Defendant reported sexual intercourse, 500,000 won would be changed.”

As such, the Defendant intending to have 500,000 won from a drinking victim who frightened the victim, but the victim did not respond to it and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint filed by E;

1. The content of the Kakao Stockholm text, and the application of the provisions of the statutes governing inn CCTVs related to the case;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), Articles 352 and 350(1) of the Criminal Act (a) of the same Act, and the selection of each fine;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a crime of attempted concurrent crimes, heavier than punishment);

3. Fine of 2,00,000 won to be suspended; and

4. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse.

5. Article 59 (1) of the Criminal Act of suspended sentence;

6. Determination on the registration of personal information.

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