Distributing indecent nude photos of female students, the female students claimed 2 million yuan and lost the lawsuit.
[Reporter Cai Qinghua/Kaohsiung Report] A first-year female student in Kaohsiung City discovered that several nude photos she had passed on to her ex-boyfriend in her sophomore year had gone viral on pornographic websites. She sued the police and demanded 2 million yuan in compensation. He was tried for 2 years for the crime of violating the Child and Juvenile Sexual Exploitation Prevention Act, but the civil claim was rejected because the 2-year statute of limitations had passed.
The judgment pointed out that in September 2016, a female freshman student in college received a private message from an unknown netizen that her young nude photos were being circulated wildly on various pornographic websites. When he was young and ignorant, he was in a long-distance relationship with his grandson, so he sent nude photos to him, but when he was questioned, the grandson denied that he had leaked out, which made the female college student anxious and sued the police for investigation.
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After investigation, nude photos of female students were circulated on at least 6 erotic websites, and the posters were accounts set up by a man surnamed Sun. Some of the pictures claimed to have a full set for private message exchange, which caught the appetite of netizens and attracted a large number of netizens to leave messages asking for the complete set. Sun also said that the private message is full, "there are enough people to open a group."
Sun arrived at the case and denied that the nude photos were leaked, saying that they had deleted them after they broke up. He also argued that the mobile phone was damaged and sent for repairs during the period. It may be that someone else secretly uploaded the leaked photos with his account. However, the prosecution ruled out the possibility of sending them for repairs. According to the trajectory of the picture files circulating on the Internet, the electromagnetic records found that until 2018, the grandson still uploaded the original pictures of these nude photos to the cloud for storage. Sentenced to 2 years for juvenile sexual exploitation prevention regulations and other crimes, the appeal to the Kaohsiung Higher Branch Court was rejected.
However, in May 2020, the female student began to file a criminal incidental civil claim of 2 million yuan. The right to claim damages due to civil law infringements will be extinguished if not exercised within 2 years from the time the claimant knows that there is a damage and compensation obligor, and it will be rejected. Complaint for compensation.
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