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(영문) 창원지방법원 진주지원 2015.12.15 2015고단1042
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around December 28, 2014, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera, etc.”) took photographs of eight copies of the victim’s bathographic photo, such as the victim’s sound fat, etc., from the Defendant’s cell phone, using the gap in which the victim B (V, 34 years of age) was locked in a mutual influorcule fluor, Jindong-si, Jinnam-si, Jinnam-si, Seoul

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with a camera function against his will.

2. On September 18, 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent the victim’s cell phone text messages or photographs to the victim’s cell phone using the Defendant’s cell phone on the grounds that the said victim B intends to hedging with the Defendant; and (b) from that time, sent the victim’s cell phone text messages or photographs more than five times from that time until 21:13 of that day, and sent them to the victim’s cell phone.

As a result, the Defendant repeatedly sent words or images that arouse uneasiness to the victim through information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to the full statement of 112 reported cases, evidence photographs (victim's body photographs, etc.), report on internal death (case details, circumstances of photographing, etc.);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the selection of fines and fines) concerning criminal facts, and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the selection of fines, in a case where the words or pictures causing incompetence have been repeatedly sent

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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