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(영문) 서울중앙지방법원 2019.11.22 2019고정1914

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.

On December 15, 2018, the Defendant added “the victim C’s similar act scene is taken” in which the victim C’s similar act scene was taken, but it does not seem to have any disadvantage to the Defendant’s exercise of his/her right of defense. Therefore, the above phrases should be added to the charges without the amendment process.

The club toilet Kamerra video was transmitted to E via 'D Messen'.

Accordingly, the defendant provided video images taken by another person's body, which could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol on E and B;

1. Application of Acts and subordinate statutes to the Fmulsive video and closure data;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is based on the following: (a) the video images provided by the defendant to another person are taken by the victim with a similar face of the victim; (b) the degree of damage is high; (c) the victim’s face is exposed as it is; (d) the victim appears to have received a large mental shock due to the instant crime; and (e) the defendant did not receive a letter from the victim.