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Reasons
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(영문) 제주지방법원 2019.07.19 2018고단2651
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

The Defendant, from around June 2014 to June 2017, is a space between the victim B (n, 35 years of age) and the victim.

1. On June 22, 2017, the Defendant taken photographs of the victim’s back her cell phone camera function using the victim’s cell phone camera function, from the beginning of June 22, 2017, who was divingd with his/her clothes in his/her house at Seopopopo City C, from around 22:00.

Accordingly, the defendant taken the body of the victim against his will, using a camera or other similar mechanism with similar function, which could cause sexual health.

2. Around July 2017, the Defendant sent a victim’s message “to send pictures if you do not get off to Jeju-do” to the victim through mobile phone DNA display at a place not exceeding Jeju-do and threatened the victim by sending the victim’s b body back and habit photographs taken as referred to in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter “Special Cases Concerning the Punishment, etc.”) and Article 283(1) of the Criminal Act concerning criminal facts;

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. Article 62-2 (1) of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The ages, occupations, family environments, social ties, criminal records, and the risk of recidivism of the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the profits expected by an order to disclose or notify the same, and the profits expected

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