성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant shall be innocent.
On March 2013, the Defendant posted a photograph of the victim’s bridge transmitted from the victim E (the age of 15 at that time, the age of 15) who was a third party of a private teaching institute that the Defendant worked as an instructor in Gangseo-gu Busan, Busan, on the “F car page” of the Internet portal site against his female’s will.
Therefore, the Defendant displayed the body photographing of another person, which may cause sexual humiliation or sense of shame, openly against his will.
Judgment
With respect to the above charged facts, the prosecutor has instituted a public prosecution by applying Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the applicable provisions, and the corresponding provisions are
A person who takes photographs of another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or other similar mechanism, against the latter's will, or who distributes, sells, leases, provides, or openly displays or shows such photographs to the public, by means of the camera or other similar mechanism, shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding ten million won.
(2) A person who distributes, sells, leases, provides, or openly displays or shows any photograph taken against his/her will at the time the photograph is taken under paragraph (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won.
However, Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was wholly amended to Act No. 11556 (Enforcement, Jun. 19, 2013) on December 18, 2012, and a newly established provision is not applicable pursuant to Article 1(1) of the Criminal Act because the date and time of committing the instant facts charged falls before the enforcement date.
Therefore, the facts charged in this case constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.