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(영문) 서울북부지방법원 2018.01.25 2017고단4998

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 2010, the Defendant taken a photograph of the part of the sexual flag of the victim who was not a victim of female-friendly job offering using a digital camera at around 10, 2010, and then posted the photograph in the column of "D" such as "D" in the Defendant's residence located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, within the Defendant's residence.

As a result, the Defendant openly displayed photographs taken of the body of the victim who could cause sexual humiliation or shame by using camera or other similar devices against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (a photograph posted by the victim on the E) (a photograph attached to the victim’s obscene material site “E”), four pages (the following circumstances acknowledged by each evidence, namely, the pictures posted by the defendant on the Internet constituted physical parts that may cause extreme sexual humiliation to the victim by using the victim’s image on the part of the sound part of the victim, the defendant taken the pictures of this case against the victim and posted them on the Internet after a considerable period of time after hedging with the victim. The defendant did not request the victim to consent to the posting of the pictures at the time. The victim was unaware of the fact that his photo was posted on the Internet, and the victim consented to the posting of the Defendant’s photograph.

In full view of the fact that there is no extenuating circumstance to view, the victim would have had an opposing intent if he had known that the photograph of this case was posted on the Internet.

Therefore, the Defendant posted the instant pictures on the Internet against the victim’s will.

(3) the application of the statute

1. Criminal facts;