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(영문) 대구지방법원 포항지원 2018.10.11 2018고단29
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 19, 2017, the Defendant taken pictures of the Defendant’s home located in Mayang-si C, 205 Dong 603 around 07:21 around 19, 201, using the victim D’s sexual act scene function as mobile phone camera.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

2. On July 5, 2017, the Defendant sent a text message to the effect that, on the grounds that the Defendant was notified of the objection from the said victim at the place indicated in the foregoing paragraph (1) on July 5, 2017, the Defendant sent a part of the motion picture taken as above to the victim, as described in the foregoing paragraph (1), using the cell phone text message, and, if the Defendant demanded that the victim take a hysical image continuously, sent it using the cell phone text message, the Defendant sent the hys’ cell phone image.

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs, such as intimidation messages, cell phone images, and cell phone text messages;

1. Taking photographs of a camera against the relevant legal intent on the crime: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 283 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor as a matter of choice (to take account of the fact that the nature of the crime committed by photographing the scene of sexual intercourse with the victim's death and threatening the victim by using it is not good in terms of the nature of the crime, and that the victim has failed to receive a letter

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

1. Article 62 (1) of the Criminal Act (including the fact that the degree of intimidation is not severe, the fact that there is no criminal history exceeding the same criminal history and fine, the fact that there is no erroneous fact, and the fact that a mistake is recognized and reflected, etc.);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. To register and submit personal information in accordance with Article 48(1) of the Criminal Act;

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