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(영문) 의정부지방법원 고양지원 2013.08.02 2013고단823
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 7, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) (hereinafter “Ameras, etc.”) instructed the victim D (the 35 years old) who was frighting in a guest room in the lake and fright in Songpa-gu Seoul Metropolitan Government, and fright together with alcohol, and had the victim take a frightic image of the body of the frighter, who was frighting out of the clothes.

The defendant, who had a camera, carried out the recording function of the motion picture of the defendant's cell phone, took the body of the victim into approximately 6 minutes, and taken the body of the victim as a dynamic image.

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

2. Intimidation;

가. 피고인은 2013. 2. 20. 20:00경 서울특별시 송파구 E에 있는 'F'라는 선술집에서 피해자와 술을 마시던 중 피해자가 헤어지자고 했다는 이유로 제1항과 같이 촬영한 동영상을 언급하며, "그 동영상 봤냐, 유투브에 올려놨다, 성관계시 말했던 음성파일도 다 가지고 있다, 내가 너를 갖지 못할 바에는 너를 망가트리겠다, 내일이면 다 유포될 것이다." 라고 말하여 협박하였다

B. On March 18, 2013, from around 19:18 to 20:44, the Defendant transmitted to the victim’s mobile phone the word “I know one’s own house address”, “I am informed of one’s own house address,” “I am out of one’s own house, I am out of one’s own house,” “I am informed of one’s own seat, I am out of one’s own seat,” “I am out of one’s own seat, I am informed of the completion of the investigation where I am in and of one’s own phone,” “I am in front of one’s snow,” “I am expected to come from one’s own eye,” “I am out of one’s to another’s hospital,” and “I am out of one’s way to am out of one’s own seat.”

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