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(영문) 부산지방법원 2017.08.30 2017고단3197
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

On May 2017, the Defendant exceeded clothes at his own residence located in Busan Dong-gu, Busan at around 06:0, and the Defendant taken the body of the victim, who might cause sexual humiliation or shame, by photographing the face and sound of the victim C (the age of 20) with his own cell phone, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of accusation, CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The part dismissing the prosecution under Article 59(1) of the Criminal Act (the first offender is the defendant, and the depth of the crime is against the defendant, and the victim is not punished, and the maximum measures such as suspended sentence are applied to the defendant, etc.)

1. The summary of the facts charged is that the Defendant demanded a sexual relationship to the victim C (at 20 years of age) on May 28, 2017, and moved back to his/her residence, but the victim was suffering from the escape of himself/herself through SNS and sent the above video to the victim, and “Mara, Dong image display and distribution, N' body photograph, are left to the Dong image D, until he/she experienced vagabonds, I do not see from Ma to Ma and Ma.

was done.

“Transmitting the message.”

The victim threatened the victim.

2. The above facts charged are crimes falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. Since the victim withdraws his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

judgment that the personal information shall be registered and submitted.

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