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(영문) 부산지방법원 2016.07.20 2016고단1903
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

On May 31, 2015, at around 08:30, the Defendant: (a) discovered that, while drinking alcohol together with the victim E, the Defendant: (b) discovered that, while drinking alcohol with the victim E, the victim was under influence of alcohol; and (c) taken the body of the victim’s body using his mobile phone with the body of the victim.

Accordingly, the defendant taken the body of another person against his will, using a cellular phone with similar function as a camera, which could cause sexual humiliation or shame.

2. No one shall distribute, sell, lease, provide, or openly exhibit or show photographs taken by any third person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame;

On December 1, 2015, the Defendant sent five copies of a photograph taken by the victim’s body as described in paragraph (1) at a place where it cannot be known at around 16:36, using mobile phone Kakakao Stockholm, to the Defendant’s male-child arrest F.

Accordingly, the defendant provided the photographing of another person's body, which could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Application of the Acts and subordinate statutes to photographs of the victim's body pictures and cellular phone pictures taken by the victim;

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

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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