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(영문) 창원지방법원 2019.09.25 2019고단1965
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen such photographs to the public.

Nevertheless, at around 22:51 on February 10, 2019, the Defendant 1:1 hosting C and D at the Defendant’s residence located in Seongdong-gu, Changwon-si, Sungwon-si, and then sent video images to D group hosting rooms composed of 12 female customers, such as F clinic (G), in the name of “E”, in which he/she had a similar act, such as inserting the fingers of female customers in the above club VIP room room. On the same day, the Defendant sent the video images to D group hosting rooms composed of 12 female customers, such as F clinic (G), for the purpose of leaving the club.

Accordingly, the Defendant distributed photographs taken against his will of another person's body, which could cause sexual humiliation or shame, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A photograph of a D organization shing room and a closure photograph of D1:1 shing bank;

1. Application of the Acts and subordinate statutes to investigation reports (in relation to the attachment of records in the case of the initial photographer), and report on the arrival of internal organs

1. Relevant Article on criminal facts and Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment

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