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(영문) 서울서부지방법원 2014.12.10 2014고단2908
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. On May 27, 2013: (a) around May 27, 2013, the Defendant 2013: (b) opened a H restaurant located in Gwangju-si, Gyeonggi-do on May 27, 2013 at a H restaurant, and then taken a cell phone of the part of the bridge that was first taken by a female on the part of the boomed name, under which he/she was boomed, to take the body of another person, which may cause sexual humiliation or sense of shame, against his/her will; and (c) distributed pictures taken by the said method as above on May 28, 2013 by posting it to “I” as an Internet site.

2. On June 17, 2013, around 14:20 on June 17, 2013, the Defendant: (a) taken out the part of a breadthed part of a breadthed part of a breadthed part of the breadthed part of the breadthed part of the breadthed part of the Crossing-gun, 1511, located in the Crossing-gun, Gangwon-do, by using the cell phone, and distributed the body of another person, which may cause sexual humiliation or shame, against his/her will; and (b) taken pictures taken by the said method as above on June 17, 2013, by posting it on the Internet site “I”.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes on the closure of Igle photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

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 crime of this case, which took pictures of a woman's body with reason for sentencing in Article 334 (1) of the Criminal Procedure Act, against his will, and posted it on the Internet site, is very poor to the nature of the crime.

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