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(영문) 부산지방법원 2017.08.30 2017고단3258
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for 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

From around November 2013, the Defendant was the victim B (n, 25 years of age) and from around January 2017, the Defendant came to know. On January 1, 2017, the Defendant taken the form of sexual intercourse with the victim by using the video function of his own home located in Busan Jin-gu C and 701, Busan, and using the video function of his own home located in Busan Jin-gu C and 701.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation using a camera or other similar mechanism.

2. The Defendant of intimidation from around 12:37 on February 23, 2017 to the same year.

2. By the time of December 27, 200, the victim is intending to take the hedging at the place of influence;

After that, the victim's cell phone sent to the victim's cell phone with a text message stating "I will capture and throw away the photo around 12 hours," and "I send a photograph taken of the chest and the sexual organ," respectively, and transmitted the victim's photo of the victim's sexually related video to himself/herself and the victim's sexually related video to him/herself and the victim's sexually related to him/her and the victim's sexually related to him/her and the victim's sexually related video, the victim's sexually related photo to the victim's sexually related to the SNS, and the victim'

Accordingly, the defendant threatened the victim as if the victim did not send his/her photo on the part of the victim's body, he/she could spread his/her sexual relation pictures to the victim's neighbors.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of text messages statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Taking pictures, such as a camera), and Article 283 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 of the Criminal Act:

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