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(영문) 서울중앙지방법원 2014.04.18 2014고단618

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant shall be innocent.

Reasons

Public Prosecutor's Office

1. On January 30, 2014, from around 10:30 to 13:00, the Defendant taken several photographs, such as the victim’s face and bridge, against the victim’s intent, using a cell phone camera, which had been against the victim C (V, 24 years old), when the train of the KTX 352 of Busan FTX in the middle of the passage of the 11st century was in operation as a water source in Ulsan.

2. On May 30, 2013, at around 20:05, the Defendant taken photographs of the body of the victim against the victim’s face and bridge against the victim’s will, using a cell phone camera in which the Defendant was holding the victim’s name matrts from the name matrts at the bus stop at the international market bus stop.

3. On October 2, 2013, at around 20:29, the Defendant taken photographs of the victim’s face, leg, etc. against the victim’s will using a cell phone camera, which was held by the victim with a white fluort on the street at the bottom of the port of Busan, the lower part of Busan, against the victim’s death.

In the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, punishment of photographing another person's body, which may cause sexual humiliation or shame against the latter's will, using a camera or other similar mechanism, is to protect the victim's sexual freedom and freedom not to be taken without permission. Thus, whether the taken body constitutes "the body of another person, which may cause sexual humiliation or shame" objectively, shall be taken into account whether it constitutes "the body of another person," such as the victim's sex, age group's general and average person's body like the victim, and shall also be taken into account whether it constitutes "the body of another person, which may cause sexual humiliation or shame." In addition, the degree of the victim's clothes, screen, exposure, etc., as well as the circumstances leading to the photographer's intent, degree and distance of the photographer's photographing, the image of the taken body, and specific body.