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(영문) 서울중앙지방법원 2018.10.08 2017고정3307
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant

A KRW 3,000,000, Defendant B’s fine of KRW 1,000,000, Defendant C’s fine of KRW 5,000,00,00.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Defendant A (use and photographing of a camera, etc.) and violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. (obscenity);

A. On September 20, 2015, at around 02:00, the Defendant taken a photograph of the victim’s back, who was deprived of his name at the seat of the Busan Metropolitan Transportation-gu Iel (influence of age) with the victim’s sexual intercourse, using the mobile phone camera function owned by the Defendant, and taken a photograph of the victim’s back, who was deprived of the victim’s ability to be shot off, and was shot down.

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.

B. On September 20, 2015, at around 19:00, the Defendant posted on the Internet site “K” a photograph taken of the victim’s back, a obscene material taken from the fourth floor office of the building located in J of Kim Jong-si, Kim Jong-si, as set forth in the foregoing paragraph (a), by using the Defendant’s mobile phone.

As a result, the Defendant distributed or openly displayed photographs taken against the victim’s will, and distributed or openly displayed obscene images via information and communications networks.

2. On March 16, 2015, Defendant B’s violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (obscenity distribution) posted on the Internet site “K” a photograph taken by Defendant-owned at a location where it is unknown whether Defendant was parked not more than once in Seocho-gu Seoul, Seocho-gu, Seoul.

Accordingly, the Defendant distributed or displayed obscene images openly through information and communications networks.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Defendant C (Kameras, etc.) and the photographing thereof.

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