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The Military Chamber of the Supreme Court (TS) has dismissed the appeal filed by an Army soldier sentenced to nine months in prison for violating the personal dignity of a fellow soldier by sharing in a group of WhatsApp the photograph of a half-naked woman who looked like her and insinuate that "she exposed herself in that way".

In the TS judgment, the Chamber explains that the soldier convicted in the first instance by the Fourth Territorial Military Court alleges in the appeal that his conduct lacks objective gravity so as to produce a result that undermines the soldier's dignity "since neither his acts were directed to debase, dishonor or humiliate her ", nor can it be considered" that the photograph of a woman sitting on her back in underwear is humiliating or vexatious, especially when she was not the woman in the photograph ".

But the TS points out that this allegation is unfounded because the soldier "deliberately" disseminated the photograph, taking advantage of the figure's resemblance to a colleague from the Unit. "It is evident that it affected both his image and his personal dignity, making him the focus of his colleagues' comments and turning him into the object of sexual desire of all the members of the WhatsApp group, comrades-in-arms, thus damaging.

Furthermore, they recall that the soldier, as stated in the judgment under appeal, suffered "as a consequence of the situation generated by unrest and uneasiness" because she felt "that she was the object of comments and whispers among the other members of the unit and this made her suffer some crying episodes. "

For this reason, they emphasize that the affront to the personal dignity of the affected partner is evident and that it is of the gravity required by the criminal type, both from a strictly objective perspective and from the evaluation of the result actually caused.

According to the criteria of The Trust Project

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