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| TITLE | Supreme Court Decision 2022Do15414 Decided June 15, 2023 【Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Distribution of Obscene Materials) [Alternative Name of Crime: Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking Photographs or Videos by Using Cameras and Distributing Thereof)]】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning and limitation of the principle of free evaluation of evidence Degree of conviction required to find a defendant guilty in a criminal trial (held: where there is proof beyond reasonable doubt) and the meaning of “reasonable doubt” [2] Whether the crime of violating Article 14(2) of the Act on Special Cases Concerning the Punishment of Sexual Crimes is established when an offender commits an act, such as distribution, etc., against the will of the subject of a photo or video based on the time at which the said act took place (affirmative), and whether it is likewise the case even though the photographs or videos were taken with consent (affirmative) In a case where the intention of the subject of a photo or video is not clearly confirmed because he or she is unidentifiable, standards for determination of whether the distribution of photos or videos was contrary to the will of the subject of such photos and videos, and elements of consideration | |
