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Reasons
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(영문) 울산지방법원 2015.09.17 2015고단1393
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 2014, the Defendant taken photographs of the body of the victim who could cause a sense of shame by photographing the body of the victim who was the victim C (if the victim was 30 years of age) with his cell phone at the Defendant’s residence located in Ulsan-gu B 204, Ulsan-gu, B204, and photographed the body of the victim who could cause a sense of shame by photographing the body of the victim’s cell phone after the shower.

2. 협박 피고인은 2015. 4. 20. 20:25경 제1항 기재 주거지에서 피고인의 휴대전화로 피해자 C(여, 30세)에게 피고인이 제1항 기재와 같이 촬영한 사진과 함께 “이 사진 D한테 보내마. 내 원망 마라. 니 업보를 데이터 시켜줄께ㅎㅎ.”라는 카카오톡 메시지를 전송하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each investigation report;

1. Photographs of the body of the victim;

1. Application of the Kakao Stockholm statutes

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 (a point of possession of cameras, etc.) and Article 283 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order of Community Service and Order of Education [the scope of recommendations] is a crime of intimidation (two to one year) in the basic area (two to one year) of category 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which no sentencing guidelines are set. Since a crime of intimidation is concurrent with a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amera, use and photographing of a camera, etc.) on which no sentencing guidelines are set, compliance with the lower limit of the recommended sentence [decision of sentence]], and it is not good for the victim to take the body of

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