성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is between the victim C (n, 20 years of age) and the online game.
On July 28, 2017, around 07:00, the Defendant taken a photograph of the body of the victim, who was locked at one’s house within 109 Dong-dong 104, Seo-gu, Seo-gu, U.S., U.S., Sinyang-gu, and was locked at one’s house against the victim’s will, and displayed the photograph in public on the E-organization page where 18 unspecified persons, including the victim, divide conversation together.
Summary of Evidence
1. A statement with the purport that photographing photographs and posting them on a reading room is recognized, and part of the defendant's legal statement;
1. Statement made by the police against C;
1. A E/C photographs (the defense counsel does not constitute the photographing of the instant pictures “the body of another person who may cause sexual humiliation or shame”
The argument is asserted.
Article 14-2 (1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, which punishs acts of photographing another person's body, which may cause sexual humiliation or shame against the latter's will, using a stove, camera or other similar mechanism with similar function, is to protect the sexual freedom and freedom of not taken without permission of the victim of personality chain.
Whether the body of another person, which may cause sexual humiliation or shame, constitutes “the body of another person,” or not should be objectively determined by taking into account whether the general level of the victim’s sex and age group falls under the body that may cause sexual humiliation or shame from the perspective of the average person, as well as the degree of clothes, pictures, exposure, etc. of the relevant victim, as well as the circumstances leading up to the photographer’s intent, place and location of photographing, the degree of filming and distance of photographing, the image of the photographer’s photograph, and whether or not the photograph of the photographer’s body body has emerged (Supreme Court Decision 2008Do707 Decided September 25, 2008).