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(영문) 창원지방법원 밀양지원 2018.03.15 2017고단533
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) on the Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Felman”), taken pictures of the victim’s sexual intercourse with the victim without permission, using the Defendant’s personal telephone camera, in the mutual infelel in Jin-si, Kim Jong-si on October 2013.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

2. On March 2014, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) committed on March 2014, 2014, sent pictures taken by the Defendant’s personal phone device to the victim with a view to inducing or meeting the Defendant’s sexual desire, thereby causing sexual humiliation or aversion to the victim.

3. On September 9, 2014, the Defendant, around September 201, violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), sent pictures taken as described in the above paragraph (1) to the victim by transmitting them to the victim with a telephone device of the Defendant for the purpose of inducing or satisfying the Defendant’s sexual desire, and thereby causing sexual humiliation or aversion.

4. On September 2014, the Defendant provided F with pictures taken under the foregoing paragraph 1, which could cause a sense of shame of the victim by using the Defendant’s personal phone, in a mutual influorial room located in Sacheon-si, Sacheon-si, 23:00 on September 23, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each protocol of the police statements with regard to D.

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