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(영문) 대전지방법원 논산지원 2021.01.12 2020고단511

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall distribute, sell, lease, provide, or openly exhibit or show any photographic or reproduction taken by a person's body, which may cause a sense of sexual humiliation or shame, against the will of the person subject to filming, using a camera or similar mechanism.

Nevertheless, from May 27, 2020 to May 28, 2020, the Defendant: (a) in the Defendant’s residence located in Chungcheongnam-gun B from around 21:5 to May 25, 2020; (b) using an Internet data sharing program, the Defendant distributed 34 photographs in total, as indicated in the list of crimes in attached Form 2, to the Defendant’s computer hard disks, using a video product of “C,” in which female students take clothes from a female high school dormitory using the Internet data sharing program; and (c) holding them in the Defendant’s computer hard disc, in which female students take clothes, with the face-to-face of “C,” in which female students take the clothes, and distributed them against the victim’s will.

Summary of Evidence

1. A report on the analysis of the defendant's legal statement; 1. An analysis report on the tracking system of illegal photographing water, etc.;

1. Application of the Acts and subordinate statutes governing the detailed list of electronic information;

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 70 and Article 69 (2) of the Criminal Act concerning the Punishment, etc. of Sexual Crimes under Order to Attend the No.

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes exempt from disclosure notification and employment restriction orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the Defendant’s age, occupation, criminal record, relationship, risk of recidivism, motive and method of disclosure, and employment restriction orders are issued.