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(영문) 서울중앙지방법원 2019.05.24 2019고단1164
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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 show such photographs to the public.

1. On October 3, 2018, the Defendant, within 12:30 on October 12:3, 2018, taken a video screen of the victim D (n, 26 years of age), E (n, 23 years of age), buckbucks section of the victim D (n, 26 years of age), and E (n, 23 years of age), with the 'C' of the first floor of the building underground in Gangnam-gu Seoul Metropolitan Government, within 10 entertainment bars, using the Kamer functions of mobile phones (Evidence No. 1).

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera, against their will.

2. The Defendant sent F the video images of the victim D, which were taken at the above time and place, to F.

Accordingly, the Defendant provided F with photographing materials on the body of the above victim, which could cause sexual humiliation or shame against the victim’s will, using a mechanical device similar to the camera, which was taken by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements prepared D and F;

1. Report on investigation by the prosecution (verification of suspect pictures and videos);

1. A CD-type digital franchise abstract data from a suspect mobile phone;

1. Application of the Acts and subordinate statutes, one of the 7 phiphones seized (No. 1);

1. Article 14(1)(a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., taking pictures using cameras, etc.), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., providing photographs,

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