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(영문) 대구지방법원 상주지원 2018.08.28 2017고단542
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Relationship, etc. with Defendant] The Defendant is an employee in charge of postal services, etc. at a E post office located in D at the time of stay, and the victim C (V, current 4 years of age) is the head of the above post office.

The Defendant had suffered stress due to work, and had had a good reputation for the victim while suffering from a pre-payment of money to the victim, and had a good reputation.

[Detailed Criminal Facts]

1. From January 2017 to February 10, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.), took a dynamic image image to view the victim’s boom by setting up an ultra-small camping cam in a toilet located in the above post office at a lower part of the boom, which is located therein.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall distribute information with a content that arouses fear or apprehension through an information and communications network to reach other persons repeatedly in the form of code, text, sound, image, or picture;

When the Defendant was urged by the injured party to pay the debt from the injured party during the above-mentioned appraisal and received the notice of the decision of provisional seizure, the Defendant sent the victim’s cell phone using the cell phone used by himself at F at the time of stay at around 19:25 on May 29, 2017, and then sent the victim’s cell phone with the victim’s cell phone, “the victim’s cell phone must be able to be able to see” from June 26, 2017 to April 5, 2017, the Defendant sent the victim’s body photograph or the victim’s photo taken 17 times as indicated in the attached list of crimes, and sent the victim’s body photo on 17 occasions as if he were to spread it.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Data to close the contents of a conversation;

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