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(영문) 의정부지방법원 2019.09.19 2019고정118
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute or openly exhibit obscene images or videos through an information and communications network.

On October 23, 2017, at around 03:02, the Defendant connected to “D” the Internet pornography site in the Namyang-si B apartment, and one’s own residence located in “C” [E] Category “F”, and posted the video images of the victim G as a type, and up to October 23, 2017, from October 23, 2017 to March 13:35, 2018, by accessing the said “D” site seven times in total, such as as the list of crimes, and posting the video images and the chest photographs of the video victim as a type.

As a result, the Defendant openly displayed obscene video pictures.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Application of statutes, such as the details of obscene materials posted by a suspect;

1. Relevant Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged shall photograph another person's body, which may cause sexual humiliation or sense of shame, by using camera or other similar devices, and shall not exhibit or show photographed objects openly against the latter's will, even if it does not go against the will of the person subject to photographing at the time of photographing;

On October 23, 2017, at around 03:02, the Defendant taken the sound pictures that may cause a sense of sexual humiliation of the Victim G using a camera at his own dwelling located in the Namyang-si B apartment and (C).

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