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(영문) 수원지방법원 2020.08.20 2020고단3695
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is between the victim B (n, 21 years of age) and the school restrictions from August 2018 to March 2019.

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

A. On August 25, 2018, the Defendant, around August 25, 2018, took pictures of a sexual relationship with the victim using a galthal thalthocle 8 mobile phone camera function, where the Defendant, who committed the crime of August 25, 2018, was able to cover the victim with a galthal balthel inside the mutual influent telecom in Busan Metropolitan City, Nam-gu C, and had sexual intercourse with the victim.

B. Around January 12, 2019, the Defendant, who committed the crime of January 12, 2019, had sexual intercourse with the victim, who was drunk in the Dgaltho-do, Yangyang-do, Yangyang-do. Around January 12, 2019, he/she taken pictures of the form of sexual intercourse with the victim using the galthotha function of the cellular phone in which the Defendant had in possession of the victim.

Accordingly, the defendant taken two times in total the body of the victim who could cause a sense of sexual shame by using a mobile phone camera, against his will.

2. No one shall distribute, sell, lease, provide, openly display or show photographs taken against another person's body, which may cause a sexual humiliation or sense of shame, using a camera or any other similar mechanism, or distribute them ex post facto against the will of the person subject to shooting, even if such pictures are not contrary to the will of the person subject to shooting at the time of shooting;

Nevertheless, at around 04:26 December 15, 2019, the Defendant taken photographs against the victim’s will, as described in paragraph (1), from the Defendant’s residence F of the Defendant’s residence in the Young-gu E apartment in Suwon-gu, Suwon-si, Suwon-si.

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