FARES: 情侶酒店裡,他們都沒發現空調上的"第三隻眼"3

情侶酒店裡,他們都沒發現空調上的"第三隻眼"3


23 Dec 2021 at 10:57pm
承辦該案的上海市浦東新區檢察院第二檢察部檢察官助理項群傑告訴《方圓》記者,偷拍視頻的背後是一條非法安裝、上傳、共用、買賣交易的黑色產業鏈,嚴重侵犯公民隱私權。 即上游安裝設備偷拍,中游倒賣帳號,下游購買觀看視頻。



案件

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偵破以後,辦案人員查閱了公安儲存下來的那些高清視頻,發現裡面人臉和行為都看得很清楚。雖然本案中只有3個犯罪嫌疑人,涉及犯罪金額並不算大,但涉及被偷拍的不特定人數多,實際上已形成了完整的產業鏈,值得警惕。



"我們認為,付文傑在賓館安裝攝像頭對賓館內人員進行秘密拍攝,並將監控的視頻帳號在網上予以販賣,從中獲利;何小強、陳福興明知所售監控帳號系他人非法安裝在酒店內,仍予以販賣獲利,均涉嫌非法使用竊聽、竊照專用器材罪。" 項群傑說。



2021年8月27日,上海市浦東新區檢察院依法對付文傑、何小強和陳福興提起公訴。




4


偷拍嚴重侵犯公民個人隱私





"在辦案中,我們發現,作為下家的何小強和陳福興雖已查獲,但其實在龐大的偷拍黑灰產業鏈中仍有很多下家待查證,造成不特定多數人觀看他人隱私資訊。"項群傑說。



根據《中華人民共和國刑法》第284條規定:非法使用竊聽、竊照專用器材,造成嚴重後果的,處二年以下有期徒刑、拘役或者管制。 本案中已查明多個監控存在被不特定多數人觀看的危險後果,被拍攝者不特定,被拍攝者的隱私、個人資訊及酒店經營秩序受到極大侵犯,可以認定"造成嚴重後果"。

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2021年9月,被告人何小強、付文傑和陳福興非法使用竊聽、竊照專用器材,造成嚴重後果,其行為已構成非法使用竊聽、竊照專用器材罪,各被判處有期徒刑七個月、九個月和六個月。

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