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(영문) 수원지방법원 성남지원 2019.05.10 2019고정229

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of four 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 screen photographs against the will of the person subject to taking pictures, even though it does not go against the will of the person subject to taking pictures, at the time the body of another person, which may cause sexual humiliation or sense of shame, by using a camera or any similar mechanism.

The Defendant received a download to meet his sexual satisfaction even with the knowledge that the photograph of a woman’s sexual organ, etc. exposed on a website is displayed and disseminated without the consent of the person subject to shooting.

1. On 19:15 on 04. 01. 04. 19:15, the Defendant posted five copies of a photograph taken of a woman’s sexual organ on a obscenity site (D) in which the Defendant was a member of the obscenity building B and C, without the consent of the person subject to taking the obscenity, for the purpose of sharing the obscene materials posted by other members on the obscenity site (D).

2. On January 19, 2017, at the same location as above 19:32, the Defendant posted four copies of a photograph, such as removal of a woman’s sexual intercourse, from among the videos received as above, on a obscenity site (D) in which the Defendant was a member, on the obscenity site (hereinafter “F”), without the consent of the person subject to filming, for the purpose of obtaining the sharing of obscene materials posted by other members.

3. On January 17, 2017, at the same place as above 17:17:17, the Defendant posted on the obscene site (D) where the Defendant was a member of the Defendant posted seven copies, such as a photograph inserting a male sexual organ into a female sexual flag, on the obscenity (D) without the Defendant’s consent, for the purpose of obtaining the co-ownership of obscene materials posted by other members on the obscenity site (D).

4. Neither January 05, 2017: (a) around 17:32, 2017; (b) obscenity (D) posted by other members on the Defendant’s obscene site at the same place as above 1.