logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.11.07 2013고단5426
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No photographing the body of another person, which may cause any sexual humiliation or sense of shame, by using a camera or similar mechanism, shall be allowed to distribute, sell, lease, or openly exhibit or screen the photographs thereof against the latter's will.

1. On April 17, 2013, the Defendant exceeded the clothes of the victim D (Woo, 37 years old), who was imprisoned in the state of drinking in the restaurant and singing room before the Defendant, at the Mourel where the trade name in the Daegu-gu Seoul was unknown, around 22:35, 2013, and took photographs of the victim’s body and sound photo using the Defendant’s mobile phone.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. On August 16, 2013, the Defendant sent the victim’s photograph taken as described in the foregoing paragraph (1) to the victim’s pro-friendly G mobile phone of the victim on the ground that the victim D does not take the victim himself/herself, around 11:51 on August 16, 2013, the Defendant: (a) sent the victim’s photograph taken as described in the foregoing paragraph (1) to the victim’s pro-friendly G mobile phone; and (b) sent the victim’s photograph to the victim’s friendly G mobile phone.

Accordingly, the Defendant distributed the body photographs of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Reports on internal investigation (referring to letters sent from a suspect and photographs of a victim's body);

1. Seven copies of the photograph;

1. Investigation report (statements and photographs of suspects);

1. Application of three copies of photographs to Acts and subordinate statutes;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter “Special Cases Concerning the Punishment, etc.”) applicable to criminal facts and the selection of fines.

arrow