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(영문) 창원지방법원 진주지원 2019.02.14 2018고단1216
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

. It is determined that there are special circumstances under which the disclosure or notification of personal information should not be disclosed or notified in accordance with the proviso to Article 49(1) of the Act and the proviso to Article 50(1) of the Act, and thus no order or notification order shall be issued to the accused;

Public prosecution dismissal part (Intimidation)

1. On July 2, 2018, between July 2, 2018 and July 6, 2018, the Defendant in this part of the facts charged: (a) in the Defendant’s residence in Hadong-gun C on the ground that the victim B does not talk with him; (b) using smartphones, the Defendant “I am first sent to the victim, I am in the vicinity, I am in the front,” and “I am in the front, I am in the front, I am in the front, I am in the front, I am in the front, I am in the front, I am in the front, I am in the back, I am in the back, I am in the back, I am in the back, I am in the front, I am in the front, “I am in the front, I am in the front, I am in the front, I am in the front,” “I am in the front, I am you cannot send.”

The body photographs of the victim taken in the same manner as the victim made intimidation as if they were circulated to the victims' family members.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent under Article 283(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant on July 30, 2018, prior to the institution of the instant indictment, the prosecution on this part is null and void due to the violation of the provisions of the Act.

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