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(영문) 서울중앙지방법원 2020.05.14 2019고정2040
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

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 such photographs to the public.

1. On August 7, 2018, the Defendant taken pictures by using a cell phone camera, etc. using the Defendant’s cell phone camera without the consent of the victim’s victim B (34 years of age) in a panty panty store near the Gangnam-gu Seoul High Tridong.

2. On August 8, 2018, the Defendant sent the victim B’s photograph taken from the above in his/her own residence located in Sungnam-si, Sung-nam-si, G, to Kakakakao Stockholm, the Defendant, at the same time, sent the victim B’s photograph taken from the above in his/her residence to Kakao Stockholm.

Accordingly, the defendant taken another person's body, which may cause sexual humiliation or shame, against his will and provided it.

Summary of Evidence

1. Legal statement of the witness B;

1. The police statement concerning B;

1. The police seizure record and the list of seizure;

1. One copy of the photograph file output [the defendant has claimed that the photographed image does not cause a sense of sexual shame to the victim, but the victim's statement that he had not want to be punished against the defendant from the investigation stage is reliable as it is consistent with the victim's statement, and the situation within the main point at that time is consistent with the victim's statement. Although the defendant and the victim dices alcohol in the main place, and the defendant could be seen as the victim's photographing of himself by a mobile phone, it is difficult to recognize that the victim who was panty only dysty had consented to take his own photograph and send his image to the person who had been aware of it together with the defendant, and it is found guilty in the facts charged].

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