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(영문) 인천지방법원 2013.11.05 2013고단4836
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

The defendant is a person who is engaged in dynam (Seoul Metropolitan City) No. 1, a victim C (V, 39 years of age) is an employee employed by the defendant, and the defendant and the victim are deaf children.

1. Around February 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken pictures using a mobile phone camera with the body form of the victim, who had sexual intercourse with the victim at the mutual incompetel located in Nam-gu Incheon Metropolitan City D.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

2. Around 10:00 on March 6, 2013, the Defendant assaulted the victim’s shoulder, such as his/her shoulder, in a state of drinking, on the ground that the victim was trying to retire from work in the street room where the Defendant was operated by the Defendant in the southdong-gu Incheon Metropolitan City, on the ground that he/she tried to leave his/her horse without hearing his/her horse.

3. On March 8, 2013, when the Defendant received letters with the victim on March 8, 2013, the Defendant threatened the victim by transmitting the victim’s known body pictures taken under the above paragraph (1) to the victim’s cell phone by “I will spread his father and deaf-mute, unless I do not work on the packing horse” and “I will spread his body pictures to his father and deaf-mute.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes to the victim's body photographs, the victim's body pictures sent by the suspect Kakao Stockholm, and the Bakao Stockholm nesness photographs

1. Article 13(1) (amended by Act No. 11556, Dec. 18, 2012); Article 283(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11731, Apr. 5, 2013); Articles 13(1) (amended by Act No. 11556, Dec. 18, 2012); Articles 2

1. Articles 11 and 55 of the Criminal Act for mitigation of deaf-mutes.

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