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(영문) 서울중앙지방법원 2016.10.21 2016고단5481
공갈미수등
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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On November 8, 2015, at the Defendant’s house located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant was an employee in the entertainment tavern exclusively for women in Samsung-gu, and took a image of sexual intercourse with the victim without the victim’s consent, using the Defendant’s galothal luthththical 3 smartphone function at the Defendant’s house located in Gangnam-gu Seoul, Seoul, around 04:05, in which the Defendant was fluord with the customer as an employee.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

B. On May 10, 2016, around 12:30 on May 10, 2016, the Defendant taken pictures of the victim H (n, 27 years of age) and sexual intercourse with the victim who temporarily returned to the Republic of Korea at the same place as the above paragraph (a).

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. From May 3, 2016 to November 14:00 of the same month from around 05:40 to around 14:00 of the same month, the Defendant attempted to receive KRW 10 million from the victim by threatening the victim by sending several text messages to her husband, son’s school homepage, I, J, and K (sexual website) that “I would capture the videos taken without giving KRW 10 million to her husband, son’s school homepage, I, J, and K” at the same place as the above paragraph 1(a). However, the Defendant attempted to receive KRW 10 million from the victim by threatening her husband, son’s school homepage, and her failure to comply therewith.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H;

1. Photographss of the victim F-related dynamic images to take and to take the closures of the victim HH bridge image;

1. A complaint;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as Cameras), Article 352 of the Criminal Act, and Article 352 of the Criminal Act;

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