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Reasons
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(영문) 서울서부지방법원 2018.06.15 2017고단3540
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than eight 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

1. Around February 24, 2017, the Defendant taken a photograph of the victim’s sexual organs and 17 photographs using a cell phone camera owned by the Defendant using a cell phone camera owned by the Defendant, which revealed the victim’s sexual organs and chests, at around 23:00, near the Incheon Gyeyang-gu, Incheon, taking the photo of the victim against the victim’s will.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. The Defendant of intimidation, around August 29, 2017, at the residence of the Defendant around 04:30 on August 29, 2017, and the Defendant is the Defendant’s hedging.

As a result, the victim sent three copies of the victim's body photo taken as in the above 1. paragraph to the victim via F Mesenger, and the victim threatened the victim with the victim by sending the victim's body photo "I am aware of the width, I am am dead, I am am dead, I am am sal, I am am sal, I am am sal, I am am sal, I am sal, I am the same, and I am am sal, I am the same in several years, I am. I am the victim again if I am the defendant at any time."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of investigation report ( investigation of damaged photographs and written intimidation), three photographs of the victim suffering from the attached list, and the contents of F dialogue;

1. Application of each protocol of seizure and statutes on the list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283(1) (a) of the Criminal Act and the choice of imprisonment with prison labor;

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 Code of the Suspension of Execution (the grounds for the following sentencing)

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