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(영문) 서울동부지방법원 2019.09.20 2019고단2085
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a family member, is a victim B (n, 46 years of age) and the family group of the married couple.

1. No person shall photograph the body of another person against his/her will, by using a camera or any similar device or device, which may cause sexual humiliation or sense of shame;

On June 2, 2018, at around 10:30 on June 10, 2018, the Defendant taken a photo of the victim’s chests while using the gallon function of the gallona of the mobile phone owned by the Defendant, using the gallon function of the gallona of the Defendant, which was part of the victim’s chests.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone which has a camera function against his will.

2. On or before October 28, 2018, no person shall distribute, sell, lease, provide, display, or show openly any photographed photographed objects against his/her will, by using a camera or any other device with similar functions, which may cause sexual humiliation or sense of shame to another person's body;

On October 28, 2018, at around 23:55, the Defendant sent the Defendant’s residence in Seongdong-gu Seoul Metropolitan Government, such as the foregoing 1. The Defendant taken shot photographs, and sent the Defendant’s cell phone images, which were revealed partially of the Defendant’s chests, to G, who was aware of the Defendant’s cell phone.

As a result, the defendant provided a third party with photographs taken out of the body of the victim who could cause sexual humiliation or shame by using a mobile phone which has a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report (Nos. 2, 8, 9, 15, 16, No. 16);

1. EachF dialogue content and photograph output;

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