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(영문) 서울중앙지방법원 2018.07.27 2018고단1551
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

On September 16, 2017, the Defendant taken pictures of the victim C (n, 27 years of age) who was aware of through Internet language display “B,” taking pictures of the victim C (n, 27 years of age) in return for free drinking, and posted them on “B,” and promised with the victim not to display a photograph from the victim’s face. On September 16, 2017, the Defendant taken pictures of the victim by using the victim’s photo using the victim’s seat 6D camera owned by the Defendant at the guest room and E, etc., where the number of the hotel of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, in which the victim’s face cannot be known.

On September 23, 2017, at around 19:00, the Defendant posted on “B” of the Defendant, without permission of the injured party, a photo taken from the victim’s face while playing in the said D hotel bed, among the photographs taken as above in the Defendant’s residence of building G located in Gangnam-gu Seoul Metropolitan Government F, in Seoul.

As a result, the Defendant distributed or openly displayed pictures taken of the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order, an order of notification, and an order of restriction on employment, and Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against unspecified victims.

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