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(영문) 서울남부지방법원 2020.03.09 2019고단6132

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

Even if it does not go against the will of a person subject to photographing at the time of photographing, no one shall distribute, sell, lease, provide, or openly exhibit or show photographs of another person's body which might cause sexual humiliation or sense of shame against his/her will after the recording.

The Defendant is a person who uses the Account “B” in the Internet Twitter.

On November 1, 2017, at a place where the location is unknown, the Defendant posted a notice on the Defendant’s Twitter’s Twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twitter’s twit.

Accordingly, the Defendant displayed the body photographing of the victim, which could cause sexual humiliation or shame, openly against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of the Acts and subordinate statutes concerning the closure data of twitter;

1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018); the selection of fines for criminal facts;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant recognized the crime and tried not to repeat again; (b) the first offender; and (c) the fact that the defendant was committed in the course of trying to display images posted by the unsatisfed persons in sexual respect; (d) the victim does not want the punishment against the defendant by mutual consent with the victim; and (e) the victim seeks the wife without wanting to do so; and (e) other various sentencing conditions, such as the defendant’

The criminal facts of the sex offense subject to registration shall be registered and submitted.