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(영문) 의정부지방법원 고양지원 2019.02.21 2018고단2973
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen the photographs so taken.

1. On January 11, 2017, the Defendant up to 14:07, posted three photographic files from the victim’s name unsatisfing under the back of the victim’s satisfinging on the obscenity (D) in Goyang-gu, Yongsan-gu, U.S. B apartment and C’s residence, and the obscene site (D), along with the title “E”, to the effect that it is obvious that the Defendant would have become a satisfing of the fact that he would have been unsatisfed but unsatisfed;

2. On March 8, 2017, around 18:27, a notice was posted with the title of “F”, which read four photographs files taken under the center of a woman’s fating down of stairs, as well as the title of “F.”

As a result, the Defendant openly displayed photographs taken against another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, over two times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of fines, etc., concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant placed a photograph that could cause sexual humiliation of victims on the Internet obscene site.

The defendant is a same crime.

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