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(영문) 대구지방법원 2013.12.19 2013고단5927
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B(18 years of age) are not well-known as a friendship-friendly relationship.

1. No person shall photograph the body of another person, which may cause any sexual humiliation or sense of shame, using a camera or other similar mechanism with a similar function, against his/her will, or distribute, sell, lease, or openly exhibit or show the photographed substance in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Nevertheless, around 20:00 on June 2, 2013, the Defendant took the victim’s sexual organ with his smartphone camera by reporting that the victim was locked with her sexual organ under the influence of alcohol within D, which is located in the Gu, the Gu, U.S.A. C., and taken the victim’s sexual organ with his own smartphone camera.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. He/she shall not allow the other party to reach any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her own or the other person's sexual desire;

On June 2, 2013, at around 20:05, the Defendant posted the victim’s sexual photo taken in the same place as the above in the above paragraph (1) on the Facebook by using his smartphones so that the victim, friendly, and argus can see the above pictures.

As a result, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through telephone, mail, computer or other communication media with intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. The defendant's legal statement 1.

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