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(영문) 창원지방법원 2016.09.22 2016고단2109
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On November 2014, the Defendant, while living together with B from around 2009 to November 2014, found the video image taken by a head of the space where B had a sexual relationship with B (V, 36 years old) with the victim C, and stored the file by transmitting it to the Defendant’s cell phone.

On October 2015, the Defendant sent the foregoing video to the person under the name of the clinic, who was the other party, at the time of the Defendant’s residence, Kimhae-si Building 301, which was a residence of the Defendant, using the F message.

Accordingly, the Defendant provided the victim's body photographs, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint;

1. Character messages, photographs, etc.;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. In full view of the following factors: Article 62-2 of the Criminal Code of the Social Service Order; Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) of Sexual Crimes; (b) the process and contents of the recording of the video of the Defendant; (c) the process of obtaining the video from the Defendant; (d) the process of providing the video to another person; (d) the relationship between the person provided the video

Where this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

The details of crimes subject to disclosure order or exemption from notification order, the history of punishment.

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