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(영문) 서울중앙지방법원 2019.07.19 2019고단2191
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

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.

1. A point of taking photographs, such as a camera;

A. On April 24, 2012, the Defendant taken pictures of the body of the victims of non-named women over 713 times in total, as shown in attached Table 1, from the time until November 16, 2018, including taking pictures of the fluored female victim’s bridge part of the fluored female victim’s bridge in the office of the headquarters C located in Seongdong-gu Seoul Metropolitan Government, using a fluorial cell phone fluor.

B. From May 2012, the Defendant taken pictures of the victims’ body 29 times in total, from around 2012, from the time to November 17, 2016, using the Nowon-gu camera, in the form of sexual intercourse with the victim D with the victim from May 2, 2012.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame over a total of 742 times against his will.

2. The indictment for public display of photographs contains the description of the Defendant’s form of conduct in the indictment. However, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not stipulate “secure” as the form of conduct prohibited under Article 14(1) of the same Act. According to evidence, the Defendant’s form of conduct constitutes “public exhibition” as prescribed under the above provision, and the Defendant’

Around February 1, 2019, the defendant was connected to the account of "H" by using a computer in Gwangju-si E E in Gwangju-si, and the victim I who was downloaded on a non-site was exposed to the similar act of "H".

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