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(영문) 부산지방법원 동부지원 2019.03.20 2018고단2510
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

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 the photographs so taken.

Nevertheless, the Defendant, at the C Station located in B in Yangsan-si, B around B, 2016, taken one screen image of the panty and buckbucks of the women suffering from the influor’s panty inside the panty and the bucks of the women suffering from the influor’s name, using the camera functions located in his/her cell phone, against his/her will. On February 12, 2017, at around 09:13, 2017, the Defendant posted a photograph of “F” on the Internet obscene site “E” using a computer at the Defendant’s residence located in Busan Shipping Daegu, Busan, and displayed it openly.

Accordingly, the Defendant taken the body of the victim who could cause a sense of sexual shame by using the cellular phone with the function of the camera as above, against his will, and displayed the photograph so taken openly against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on notices;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of fines, etc., concerning criminal facts;

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

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, had taken pictures of the victim, and displayed the pictures.

However, the defendant is investigated.

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