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(영문) 창원지방법원 2019.04.26 2019고단334
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

The Defendant is a person who uses C Account “D” (D) in the name of “B” (B) on the Internet.

1. Even if it is not against the will of a person subject to photographing at the time a person takes a body of another person who may cause sexual humiliation or sense of shame by using devices equipped with similar functions such as camera, etc. against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, no one shall distribute, sell, lease, provide, or openly exhibit or display photographs against the latter's will;

Nevertheless, the Defendant, at around August 13, 2017, connected to “D” account at his own house located in Jin-gu, Jin-si, Jin-si, Jin-si, Jin-si, and displayed a sound photographic photo taken by a female on May 28, 2015, with the female’s consent from his/her own home, on or around June 2015, on the Internet “C” account against his/her will, and displayed it on the Internet “C” account against his/her will as indicated in the attached list 1 of crimes committed.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;

Nevertheless, around August 9, 2018, the Defendant connected to the Internet “C” account at the same place as “C” account, posted a male photo on the account, and posted it on the account as shown in attached Table 2, as shown in attached Table 2, and displayed a male photo, etc. on 21 occasions from May 28, 2015 to August 9, 2018, and openly displayed obscene images via an information and communications network.

Summary of Evidence

1. The defendant;

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