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(영문) 부산지방법원 2019.07.08 2019고단1079
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

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

From January 2017, the Defendant: (a) had a sexual intercourse with the victim C (the name of the victim); (b) had a sexual intercourse with the victim at the mutual influence room located in the Geum-gu, Si, Busan, on January 8, 2017, around 07:35, and (c) taken four photographs of the victim’s face, chest, and negative part exposed to the victim’s body using a mobile phone camera.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

2. No one shall take photographs of another person's body, which may cause sexual humiliation or sense of shame, against his/her will, or provide such photographs, using a camera or other devices equipped with similar functions;

The Defendant was the spouse of the Plaintiff as set forth in paragraph (1) and came to know of A’s external appearance around November 2018, and then came to contact the victim from around that time, but the victim was able to contact with the victim, and the victim was forced F to send the message to E and the private village of the victim through D Mesens.

In the meantime, on December 31, 2018, the Defendant sent the victim’s balone photographs connected to A’s cell phone and sent them to the Defendant’s H main day from 22:21 to 23:50 on the same day, the Defendant sent the victim’s balone to E using the balone village of the victim’s death at the Defendant’s residence located in Busan Metropolitan Government I apartment J from 22:21 to 23:50 on the same day, and sent the victim’s balone, “the victim’s chest, balone, and dalone, immediately before the balone of the photo.”

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