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(영문) 창원지방법원 마산지원 2012.07.19 2012고단255
무고등
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

The Defendant was in conflict with the victim D (math, 32 years of age).

1. On August 2010, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) took a dynamic image image to have a sexual intercourse with himself/herself and victim D's body by installing a CCTV camera in front of a computer located in the above house at the home of the Defendant, Cheongong-gun, Cheongbuk-gun, E apartment 3, 206, and 206.

Accordingly, the Defendant taken videos that cause a sense of shame against the above D’s will.

2. Around December 12, 2011, the Defendant drafted a false complaint with the intent of having D obtain criminal punishment from the Defendant’s house located in the Changwon-si Mucompo-gu F, Changwon-si.

The above accusation states that "the defendant defendant-appellant was dismissed by filing a complaint with the criminal defendant against the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to false facts."

However, on August 7, 2010, the facts revealed that the defendant used CCTV, which was a residence of the defendant and was a police officer, to photograph the image of the above D's sexual relationship with the defendant and the above D's personal body which he was not aware of that D's sexual intercourse with his personal body, using CCTV installed on his book, and the above D filed a complaint against the defendant with the Msan-si Police Station located in Changsan-si, Changsan-si on December 7, 201 for the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the use of camera, etc.) on the ground that the above D's complaint was not filed against the defendant.

Nevertheless, on December 12, 2011, the Defendant submitted a written complaint to the employees under his/her name at the Mapo-si Police Station located in Yongsan-si, Changwon-si, Busan District. On December 26, 2012, the Defendant made a false statement to the effect that “I would have not taken the image of his/her sexual intercourse with D himself/herself,” and that “I would have never taken the image of his/her sexual intercourse with D himself/herself,” while making a false statement to the effect that “I would not have taken the image of his/her sexual intercourse with D.”

Summary of Evidence

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