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Reasons
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(영문) 부산지방법원 동부지원 2015.04.01 2014고단2343
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since 2009, the defendant had been married to the victim D (n, 39 years of age) and internal relations.

1. On August 2014, the Defendant: (a) taken a photograph of the victim’s upper half of his body by a camera of his cell phone, which had been in possession of the gap in which the victim was divingd with the victim in the guest room of “F hotel” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) taken a photograph of the victim’s upper half of his body by a camera of his cell phone.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On September 22, 2014, the Defendant sent the above pictures to the victim’s family members if the victim did not comply with the Defendant’s request for marriage, etc., on the ground that the victim did not obtain permission from his parent for marriage with the Defendant and did not contact with the Defendant. However, as described in paragraph (1), he sent the victim’s body body photo taken and kept as described in paragraph (1) to the mobile phone Kakakao Stockholm, and sent the victim’s body photo to the mobile phone Kakao Stockholm.” In short, the victim sent the above pictures to the victim’s family members if he did not comply with the Defendant’s request for marriage, etc.

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 (1) of the Criminal Act and the choice of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act:

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