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A man who secretly photographed the body parts of his lover sleeping naked was acquitted in the first and second trials and was convicted in the Supreme Court.

The second part of the Supreme Court (Presiding Judge Park Sang-ok) announced on the 9th that it broke the court of law of the Busan District Court after breaking the court of law, who was found not guilty in the appeal of Mr. A, who was accused of violating the Special Act on the punishment of sexual assault crimes (photographing using cameras, etc.). .

Mr. A was handed over to trial on charges of photographing the body and face of a sleeping lover naked on his mobile phone four times from 2017 to 2018.

The first trial admitted that Mr. A did not get explicit consent from his lover before taking the picture. However, I paid attention to the fact that Ms. A usually photographed many parts of her lover's body, but the lover did not clearly refuse and often agreed.

In light of the relationship between these two, the first trial court sentenced him to innocence, saying there was no evidence to conclude that Mr. A took a naked picture even though he knew the other would object. The second referee maintained the same judgment as the first referee.


However, the Supreme Court admitted to illegal filming and found it guilty. I admit that Mr. A usually took a picture with implied consent, but he saw that it could not be concluded that he had even agreed to take a picture of himself sleeping naked.

In addition, Mr. A's lover asked Mr. A several times to delete the video he usually took, and that Mr. A was also aware of the fact that he was opposed to taking pictures, such as the fact that he secretly took a picture of sleeping naked.

The judge ruled that "Mr. A's actions corresponded to photographing a person's body against the will of the person being filmed, which could induce sexual desire or shame."


It is evaluated that this Supreme Court ruling pointed out that in the'Illegal Shooting Between Lovers' crime, the individual situation when each picture was taken should be specifically considered.

In particular, attention is being paid to whether it may affect the appeal of Choi Jong-beom, the former lover of the late Goo Hara, who is facing a Supreme Court ruling for illegal filming. Choi filmed six pictures, including the back of Mr. Goo, who was undressing, but the 1st and 2nd trial courts said, "The two who were lovers had taken body photos before," and "Mr. Koo objected for a certain period after the filming. He was not guilty, saying, “There was an implied consent because he did not file.

This is'News Pick'.