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(영문) 의정부지방법원 2017.11.29 2017고단4279
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a current or former victim B (n, 51 years of age) and from September 2016 to July 1, 2017.

1. Around April 2017, the Defendant, at the end of his/her residence, taken pictures of the victim’s sexual organ, who was off and accumulated his/her clothes, after completing a sexual intercourse using a cell phone camera function in the Amar-gun C with his/her residence, around April 2017.

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

2. On July 23, 2017, the Defendant sent the videos taken by the victim, as described in the foregoing paragraph 1, to the mobile phone of the victim, while transmitting the pictures taken in the sexual intercourse with the victim, and the pictures taken in the sexual intercourse with the victim, and then sent the pictures to the victim’s cell phone, and whether the Defendant “influenced the victim’s inner organ.”

D. E. E. E. E. Mado and the president of the company shall meet with the mind of sight.

In the absence of contact by no later than the due date, the way you want to display the way they want to do.

“Transmissioning the F message with the content of “”

The victim threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The complainant's mobile phone pictures;

1. Application of Acts and subordinate statutes on investigation reporting;

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 labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Act on the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is subject to the registration of personal information, the accused shall be subject to Article 42(1) of the Act

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