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(영문) 전주지방법원 2019.09.19 2019고정53

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. No person shall distribute, sell, lease, provide, display, or openly display or show photographs against another person's will at the time of photographing another person's body body by using a camera or any other machine equipped with similar functions, even though it does not go against the will of the person subject to photographing;

Nevertheless, at around 23:40 on February 7, 2017, the Defendant posted a film on the above obscene site to allow many unspecified members of the above site to download, by posting it to the Defendant’s residence in the obscenity site (C) in which the Defendant joined the Defendant as a member by using a computer, the images of which are “D” and “E” among the images taken by the Defendant on the obscenity site (C) in which the Defendant had sexual intercourse, respectively, against the intent of the person subject to the recording.

Accordingly, the Defendant distributed photographs taken of another person’s body, which may cause sexual humiliation or shame, against the will of the person subject to shooting.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute information with obscene content distributed, sold, rented, or displayed openly through an information and communications network.

At the time and place mentioned in paragraph (1) above, the Defendant posted a video image with the same title as “F,” wherein women show a sexual organ and self-defense, on an adult obscene site (C), so that many and unspecified members of the above site can download it.

Accordingly, the Defendant distributed obscene images via information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Collection of evidence for the dissemination of illegal and photographing materials from internal reports;