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(영문) 수원지방법원 안산지원 2020.04.22 2019고단4601

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From the end of 2017, the Defendant maintained a relationship with the victim B (34 years of age).

In 2019, the relationship is the relationship with a patrol officer.

1. The Defendant, in the middle of 2018, taken the body of another person against his will, using the Defendant’s cell phone camera function, taken the body of another person, who might cause sexual humiliation or sense of shame, at the main sports center of the victim’s operation in C, who was out of his/her river, and was in his/her possession of his/her body, using the camera or other similar devices.

2. The Defendant taken pictures of the body of a victim, who was off the body of the victim, at the mutual influorial telecom, which is located in the Bluorri-si, Blue-si, Blue-si, 2018, using the mobile phone camera function of the Defendant, against his/her will, taken pictures of the body of another person, who may cause sexual humiliation or sense of shame, using the camera or other similar devices.

3. On April 19, 2019, the Defendant sent the victim’s body pictures to D, who is the victim’s will, using mobile phone E, and transmitting the victim’s body pictures against the victim’s will, as described in the above 1 and 2, using camera or other devices equipped with similar functions, and thereby, constitutes “providing” under Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which provides the photographer taken of another person’s body against the will of the person subject to taking pictures against the victim’s will. It constitutes “providing” provided without compensation to one or a small number of persons without consent to distribute them.

In light of the relationship between the person who received the motion picture from the defendant and the defendant, it is difficult to view that the defendant's delivery of the motion picture as above constitutes "distribution".

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