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(영문) 대전지방법원 홍성지원 2018.02.27 2017고단900
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 19, 2016, the Defendant: (a) accessed the victim’s name influorial female with short flabs in D, which was short of 16:13 on March 19, 2016, and then entered the facts charged, such as bucks and bucks, in which the Defendant took a photograph of “Pucks and bucks, etc.,” under the victim’s cellular phone (SM-B510K), by using the victim’s camera shooting function; (b) however, according to the records, the Defendant’s taking of bucks and bucks and bucks, etc. on the ground that the flabs and bucks were not taken

his own intent, taken against his will.

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.

Summary of Evidence

1. Partial statement of the defendant;

1. Restoration photographs;

1. Determination as to the assertion of the defendant and defense counsel in the police seizure protocol (2)

1. The photograph taken by the defendant does not appear to have taken another person’s body that might cause sexual humiliation or sense of shame at an open place by merely taking a woman’s telegraph ordinarily sounding in the view of the general public.

2. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes, which punishs an act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, is aimed at protecting the sexual freedom of, and freedom not to be taken without permission, of the victim of a personality chain. As such, whether the photographed body constitutes “the body of another person, which may cause sexual humiliation or shame,” objectively, the issue of whether the body of the victim falls under “the body of another person,” such as the victim’s sex and age group, is objectively considered.

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